Does a Will Ever Expire?
Squiggle Support Team
Last Update 3 months ago
INTRODUCTION
The question of whether a Will expires is a relatively common one among our clients, and it often arises when they discover their Will requires periodic updating.
In estate planning, a Will's longevity and validity are as important as its existence.
This article offers guidance on ensuring your Will remains relevant and up to date.
DOES A WILL HAVE A LIFESPAN?
From a legal perspective, as long as the Will is valid, it never expires and remains effective unless the document is replaced by a new Will or it is revoked.
The essential element here is the validity of the Will. In other words, you must ensure it meets all legal requirements, and the document is properly signed and witnessed.
When it comes to Will validity, we encourage you to consult other related articles that further explore the constituents of Will validity.
HOW OFTEN SHOULD I UPDATE MY WILL?
Although your Will never expires and the document remains valid in perpetuity, you should nevertheless consider life's changing circumstances and conduct periodic Will reviews.
You'll be surprised how different your life, circumstances, and relationships will look within the short space of a decade, and these changes should be adequately reflected in the Will to mirror your current circumstances.
If you don't do this, your Will risks becoming outdated, leading to potential miscommunication, confusion, and difficulties when your Estate is distributed after your death.
HOW OFTEN SHOULD I CARRY OUT A PERIODIC REVIEW?
In estate planning, reviewing your Will after any significant life event is good practice. This could include the following:
- divorce
- marriage
- the birth of a child
- acquiring substantial assets
If no significant life event has occurred, you should still conduct a review every three to five years to consider other possible changes in circumstances or legislation.
Remember, keeping your Will accurate and up to date not only ensures peace of mind for you and your loved ones but also makes the probate process a lot easier after you've passed away.
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