Is My Will Still Valid? UK Will Validity Checker
Check if your will is still legally valid in England & Wales. Find out if marriage, divorce, or life changes have affected your will.
Check your will's validity
Answer a few quick questions to find out if your will is still legally valid
When is a will no longer valid?
A will is a legal document that can be affected by major life events. Understanding when a will becomes invalid—or when it needs updating—is crucial to ensuring your estate is distributed according to your wishes.
Automatic revocation: Marriage or civil partnership
The most common reason a will becomes invalid is getting married or entering a civil partnership after making the will.
The law (Wills Act 1837, s18):
Marriage or civil partnership automatically revokes (cancels) any will made before that marriage, unless the will was made "in contemplation of marriage" to that specific person.
Exception: If your will specifically states it was made in contemplation of marriage to your current spouse, it remains valid. But this must be explicitly mentioned in the will itself.
Partial revocation: Divorce or dissolution
Divorce doesn't invalidate your entire will, but it removes your ex-spouse from it:
- Any gifts to your ex-spouse are treated as if they predeceased you
- Your ex-spouse can no longer act as executor or trustee
- The rest of your will remains valid
Important: This only applies after the decree absolute (final divorce order), not during separation or after decree nisi.
Life events that mean you should update your will
While these don't automatically invalidate your will, they mean your will may no longer reflect your wishes:
Birth or adoption of children
New children may not be provided for in your existing will. You should update it to include them explicitly.
Buying or selling property
Major changes in assets (especially property) should be reflected in your will to ensure correct distribution.
Death of a beneficiary or executor
If someone named in your will dies, you should update your will to appoint new executors or beneficiaries.
Starting or selling a business
Business interests and shares need specific provisions in your will, including succession planning.
Moving abroad
If you move countries, your UK will may not cover foreign assets, and vice versa. Consider updating or creating new wills.
Every 5 years (general rule)
Even if nothing major has changed, review your will every 5 years to ensure it still reflects your wishes.
How to tell if a will is legally valid
For a will to be valid in England and Wales, it must meet these legal requirements:
✓ Made voluntarily
You must make it of your own free will, without pressure or coercion
✓ Mental capacity
You must be of sound mind and understand what you're doing
✓ Over 18
You must be at least 18 years old (with rare exceptions for military personnel)
✓ In writing
Must be written down (typed or handwritten)
✓ Signed by you
You must sign it in the presence of two witnesses
✓ Witnessed correctly
Two independent witnesses must sign in your presence (they can't benefit from the will)
Should I update my will or make a new one?
Minor changes: Use a codicil
A codicil is a legal document that amends a will without replacing it entirely. Use for:
- Changing an executor
- Adding a small gift
- Updating an address
- Minor tweaks to distributions
Major changes: Make a new will
It's usually clearer and safer to make a completely new will if:
- You're getting married or divorced
- You have new children
- Your assets have changed significantly
- You want to change multiple provisions
- Your old will is more than 10 years old
Common mistakes that invalidate a will
❌ Witnesses are beneficiaries
If a witness (or their spouse) benefits from the will, their gift is void. Always use independent witnesses.
❌ Not all witnesses present together
Both witnesses must be present at the same time when you sign (or when you acknowledge your signature).
❌ Alterations without re-signing
Any changes made after signing (crossing out, adding text) are invalid unless properly witnessed again.
❌ Multiple wills without revoking old ones
Always state "I revoke all previous wills" in a new will to avoid confusion.
Frequently asked questions
Does getting married cancel my will?
Yes, in England and Wales, getting married or entering a civil partnership automatically revokes (cancels) any will you made before that marriage.
Exception: If your will was made "in contemplation of marriage" to your current spouse and explicitly names them, it remains valid.
Does divorce invalidate my will?
No, divorce doesn't invalidate your entire will. Instead, the law treats your ex-spouse as if they died on the date of your divorce. This means:
- Any gifts to your ex-spouse are automatically removed
- Your ex-spouse can't act as executor
- The rest of your will remains valid
However, it's strongly recommended to make a new will after divorce.
Can I just cross out parts of my will and initial it?
No. Any alterations made after a will is signed and witnessed are invalid unless they're properly executed (signed and witnessed again like the original will).
For minor changes, use a codicil (a formal amendment document). For major changes, make a new will.
How often should I review my will?
You should review your will every 5 years or immediately after any major life event:
- Marriage, divorce, or civil partnership changes
- Birth or adoption of children
- Death of a beneficiary or executor
- Major financial changes (buying/selling property, inheritance)
- Moving abroad
Is a handwritten will valid?
Yes, a handwritten (holographic) will is valid in England and Wales if it meets all the legal requirements:
- Signed by you in the presence of two witnesses
- Both witnesses sign in your presence
- Witnesses are not beneficiaries
However, handwritten wills are more prone to errors and challenges. Using a professional will service is safer.
What happens if my will can't be found?
If your will can't be found after death, the law presumes you destroyed it intentionally (called "revocation by destruction"), which means you died intestate (without a will).
This is why it's crucial to store your will safely and tell your executors where to find it.
Can I write a new will if I already have one?
Yes, you can make a new will at any time. Your new will should include a clause that says "I revoke all previous wills and codicils" to make it clear that only the new will is valid.
Destroy your old will once the new one is signed and witnessed to avoid confusion.
Does my will from Scotland or Northern Ireland work in England?
It depends. Scotland and Northern Ireland have different legal systems with different will validity rules.
For example, marriage does not automatically revoke a will in Scotland, unlike England and Wales.
If you've moved from Scotland/NI to England, or you own assets in multiple jurisdictions, consult a solicitor to ensure your will is effective everywhere.