MP Estate Planning UK

How Long Does a Will Last in the UK? Our Expert Advice

Understanding the duration of a will’s validity is crucial for effective estate planning. In England and Wales, a will does not expire — it remains legally valid from the moment it is properly executed until it is revoked. However, its effectiveness can be significantly undermined by changes in personal circumstances, shifts in asset values, and updates to UK law — particularly inheritance tax (IHT) thresholds and rules.

At MP Estate Planning, we guide families through the complexities of will validity and wider estate planning. A will is an essential starting point, but it is only one piece of the puzzle. Without regular reviews and — in many cases — the addition of a lifetime trust, a will alone may not protect your family from IHT, care fees, or probate delays. Our expertise ensures that your estate plan remains robust and up to date, protecting your assets and securing your family’s future.

Key Takeaways

  • A will in England and Wales does not expire — it remains valid until it is formally revoked.
  • Marriage automatically revokes an existing will (unless the will was made in contemplation of that specific marriage).
  • Divorce does not revoke a will but treats your former spouse as if they had died before you — this can cause unintended consequences.
  • Regular reviews (at least every 3-5 years, or after any significant life event) are essential to ensure your will reflects your current wishes.
  • A will alone does not protect assets from IHT, care fees, or probate delays — lifetime trusts and other planning tools should be considered alongside your will.

Understanding Wills and Their Duration

Understanding the basics of a will and its duration is essential for effective estate planning. A will is a legal document that sets out how you want your estate to be distributed after your death. It names the people you want to benefit, appoints the executors who will carry out your wishes, and can include guardianship provisions for minor children. Without one, the intestacy rules decide everything for you — and they rarely match what most people would actually want.

We often get asked, “How long does a will last?” The short answer is: indefinitely, until it is revoked. But the more important question is whether your will still reflects your current wishes, your current family circumstances, and the current tax landscape. A will written 20 years ago may be technically valid but practically outdated. Let’s look at the fundamentals.

What is a Will?

A will — sometimes called a “last will and testament” — is a legal document that sets out your instructions for what should happen to your estate after you die. To be valid in England and Wales, it must be in writing, signed by you (the testator) in the presence of two independent witnesses who also sign it. The witnesses must not be beneficiaries of the will, or their gifts will be void. You must also have “testamentary capacity” — meaning you understand what you are doing, the extent of your estate, and the claims to which you ought to give effect.

A will is a declaration of your wishes regarding the distribution of your estate after you pass away — but it is only effective if it is properly executed, regularly reviewed, and kept up to date.

Key Components of a Will

The key components of a will include:

  • Executors — the people you appoint to manage your estate, apply for probate, pay debts and IHT, and distribute assets to your beneficiaries
  • Beneficiaries — the individuals, charities, or organisations who will receive your assets
  • Specific gifts (legacies) — particular items or sums of money left to named individuals or organisations
  • Residuary estate — everything that remains after debts, taxes, and specific gifts have been dealt with
  • Guardianship provisions — naming who should care for your minor children if both parents die
  • A revocation clause — a standard clause revoking all previous wills and codicils
ComponentDescription
ExecutorsIndividuals appointed to administer your estate — they apply for the Grant of Probate and carry out your instructions
BeneficiariesThe individuals, charities, or organisations that receive your assets under the will
Specific BequestsParticular gifts — such as a piece of jewellery, a cash sum, or a specific property — left to named recipients
Residuary EstateEverything remaining after debts, taxes, expenses, and specific gifts have been paid — usually the largest part of an estate

Understanding these components is vital for creating a will that accurately reflects your wishes. By clearly outlining your intentions, you can help ensure that your estate is distributed according to your desires — and reduce the risk of costly disputes between family members after your death.

The Legal Lifespan of a Will

A will’s validity period is not as straightforward as many people assume. In England and Wales, a will does not have an expiration date — once properly executed, it remains legally valid until it is formally revoked. However, certain life events can automatically revoke or alter a will, and changing circumstances can render its provisions outdated or inadequate.

How Long is a Will Valid?

A will remains valid until it is revoked, either by the testator making a new will (which should contain a standard revocation clause), by deliberately destroying the original, or by operation of law. The most common automatic revocation is marriage — in England and Wales, getting married or entering into a civil partnership automatically revokes any existing will, unless that will was expressly made “in contemplation of” that specific marriage or partnership.

This catches a surprising number of people. If you made a will, then got married, your earlier will is almost certainly invalid — even if you didn’t realise it. This means your estate would be distributed under the intestacy rules, which may not reflect your wishes at all.

We recommend revisiting your will at least every 3-5 years, and always after a significant life event such as marriage, divorce, the birth of children or grandchildren, buying or selling property, or any major change in your financial circumstances.

Factors Affecting Duration

Several factors can affect the continued effectiveness and relevance of a will:

  • Marriage or Civil Partnership: Automatically revokes an existing will in England and Wales (unless made in contemplation of that specific marriage). This is one of the most important — and most overlooked — rules in succession law.
  • Divorce or Dissolution: Divorce does not revoke a will entirely. Instead, it treats your former spouse as if they had died before you. This means any gifts to them will fail, and if they were named as executor, they will be removed from that role. However, the rest of your will remains in force — which can create unintended outcomes if you haven’t updated it.
  • Birth of Children or Grandchildren: New family members may not be provided for under an older will. While children can potentially make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, it is far better to update your will proactively.
  • Changes in Assets: If you’ve bought or sold property, received an inheritance, built up pension savings, or taken out new life insurance policies since your will was made, your will may no longer cover all your assets — or it may attempt to give away assets you no longer own.
  • Changes in Tax Law: The IHT nil rate band has been frozen at £325,000 since 2009 and is confirmed frozen until at least April 2031. Rising property values — the average home in England is now worth around £290,000 — mean that far more ordinary families are now caught by IHT than ever before. A will that was tax-efficient when it was written may no longer be. And from April 2027, inherited pensions will become liable for IHT — a change that could significantly affect how your estate is structured.

Understanding these factors is crucial for maintaining a will that accurately reflects your current wishes and circumstances. Regular reviews and updates can help ensure your estate is distributed according to your intentions — and that your family isn’t paying more inheritance tax than necessary.

Revoking a Will

Revocation of a will involves a deliberate act to cancel its provisions. In England and Wales, there are three main ways a will can be revoked: by making a new will, by deliberate destruction, or by operation of law (such as marriage). This is a significant step and should be taken with careful consideration, as it has direct implications for your estate and beneficiaries.

How to Revoke a Will

There are several ways to revoke a will in England and Wales:

Making a new will: The most common and recommended method. A properly drafted new will should include a standard clause revoking all previous wills and codicils. This provides a clear, unambiguous record that your earlier will no longer applies.

Deliberate destruction: You can revoke a will by physically destroying it — for example, by tearing it up or burning it. However, the destruction must be carried out by you (or by someone in your presence and at your direction) with the clear intention of revoking the will. Accidentally damaging a will does not revoke it, and destroying a copy does not revoke the original.

By operation of law: As discussed above, marriage or entering into a civil partnership automatically revokes an existing will in England and Wales. Divorce does not revoke a will — it only removes your former spouse from the roles of beneficiary and executor.

When creating a new will, it’s essential to ensure that it covers all aspects of your estate and clearly states your intentions. This can include:

  • Appointing new executors or trustees
  • Changing beneficiaries or their shares
  • Adding or removing specific gifts
  • Including guardianship provisions for minor children
  • Incorporating trust provisions to protect assets from IHT, care fees, or family disputes

Common Reasons for Revocation

There are several reasons why you might want to revoke your will and create a new one. Some common scenarios include:

  1. Changes in marital status: Marriage automatically revokes a will, so you will need a new one. After divorce, you should also make a new will to ensure your estate plan still works as intended.
  2. Birth or adoption of children or grandchildren: New family members should be provided for in your will — relying on a potential court claim under the 1975 Act is uncertain and stressful for your family.
  3. Significant changes in your estate: Buying or selling property, receiving an inheritance, or a substantial change in the value of your investments may all necessitate a new will.
  4. Changing your mind about executors or beneficiaries: Relationships change over time, and your will should reflect your current wishes.
  5. Changes in tax law: With the IHT nil rate band frozen at £325,000 until at least 2031, and the average English home worth around £290,000, tax-efficient planning within your will has never been more important. Additionally, from April 2026, Business Property Relief and Agricultural Property Relief will be capped at 100% for the first £1 million of combined qualifying property, with only 50% relief on the excess — a change that could affect families with farming or business interests.

Revoking a will is a serious decision that requires careful thought. We strongly recommend seeking guidance from a specialist estate planning professional to ensure that your wishes are carried out effectively and that your new will is legally binding.

Updating a Will

As your life circumstances change, it’s essential to review and update your will to ensure it remains valid and reflects your current wishes. A will is not a “set it and forget it” document — it needs to evolve as your life does. Failing to keep it up to date is one of the most common estate planning mistakes we see.

Significant Life Events and Financial Changes

Updating your will is particularly important after significant life events or changes in financial circumstances. We recommend reviewing your will at least every 3-5 years, and immediately after any of the following:

  • Marriage or civil partnership (which automatically revokes your existing will)
  • Divorce or separation
  • Birth or adoption of children or grandchildren
  • Death of a named executor, trustee, or beneficiary
  • Buying, selling, or remortgaging property
  • Receiving a significant inheritance or financial windfall
  • Significant changes in the value of your assets (including your home)
  • A change in your wishes regarding who should benefit from your estate
  • Changes in UK tax law — for example, from April 2027, inherited pensions will become liable for IHT, which could significantly affect your estate plan

Failing to update your will after such events can lead to unintended consequences. Your estate might be distributed under the intestacy rules (if your will was automatically revoked by marriage), or assets may pass to people you no longer wish to benefit. In the worst cases, your family could face unnecessary IHT bills or costly court disputes.

The Process for Revising Your Will

Revising your will can be done in one of two ways: by creating a codicil to amend your existing will or by drafting a completely new will. We recommend consulting with a specialist estate planning professional to determine the best approach based on your specific circumstances.

If you’re wondering whether you need to update your estate plan, you can find more information on our page: Do I need to update my estate plan in the UK

Creating a Codicil: A codicil is a supplementary document that amends specific parts of your existing will. It must be executed with the same formalities as a will — signed by you and witnessed by two independent witnesses. Codicils are suitable for minor changes, such as replacing an executor who has died or adjusting a specific cash legacy. However, multiple codicils can create confusion and increase the risk of disputes.

Drafting a New Will: For more significant changes — such as adding or removing beneficiaries, changing how your property is dealt with, or incorporating trust provisions — drafting a new will is almost always the better option. A new will provides a clean, clear document that reduces the risk of ambiguity or conflicting instructions. It should always include a clause revoking all previous wills and codicils.

By keeping your will up to date, you can ensure that your estate is handled according to your current intentions, providing peace of mind for you and your loved ones. And remember — a will alone may not be enough. For many families, placing the family home into a lifetime trust alongside a will offers far greater protection against IHT, care fees, and probate delays.

Intestate Succession

Dying without a will — known as dying “intestate” — can lead to complex and often deeply unfair consequences for your loved ones. When someone passes away without a valid will in England and Wales, their estate is distributed according to the rigid intestacy rules, which follow a fixed legal formula regardless of the deceased’s actual wishes or family circumstances.

What Happens Without a Will?

Without a will, the distribution of your estate is governed by a strict set of statutory rules. These rules were not designed with your family in mind — they apply a one-size-fits-all formula that ignores the reality of modern family life.

Some of the most common problems caused by dying intestate include:

  • Unmarried partners receive nothing — regardless of how long you have lived together. Cohabiting partners have no automatic right to inherit under the intestacy rules.
  • Step-children receive nothing — only biological or legally adopted children are recognised.
  • Friends and charities receive nothing — you cannot leave gifts to people or organisations outside your family without a will.
  • A surviving spouse does not necessarily inherit everything — if there are children, the spouse receives personal possessions, a statutory legacy (currently £322,000), and half of the remaining estate. The children receive the other half.

Legal Framework for Intestate Cases

The intestacy rules in England and Wales are set out in the Administration of Estates Act 1925 (as amended). They create a strict hierarchy of relatives who are entitled to inherit, and the distribution depends entirely on which relatives survive the deceased.

Critically, the intestacy rules make no provision for unmarried partners, close friends, step-children (unless legally adopted), or charities. If you have no surviving relatives at all, your entire estate passes to the Crown (known as “bona vacantia”).

The following table illustrates how the estate is distributed under the intestacy rules in England and Wales:

Surviving RelativesDistribution of Estate
Spouse/Civil Partner only (no children)Entire estate to spouse/civil partner
Spouse/Civil Partner and ChildrenSpouse receives all personal possessions, a statutory legacy of £322,000, and half of the remaining estate. Children share the other half equally (held on statutory trust until age 18)
Children only (no spouse)Estate divided equally among children

Understanding the implications of dying without a will is crucial for effective estate planning. The intestacy rules are blunt, inflexible, and often produce results that the deceased would never have chosen. Making a will — and keeping it up to date — is one of the simplest and most important steps you can take to protect your family.

Understanding Probate

When a loved one passes away, understanding the process of probate is crucial for managing their estate effectively. Probate is the legal process through which the Probate Registry confirms the validity of a will and grants the executors the legal authority — known as a “Grant of Probate” — to administer the estate. If there is no will, the equivalent process produces “Letters of Administration,” and the administrators must follow the intestacy rules.

The Role of Probate in Estate Administration

Probate plays a vital role in the administration of a deceased person’s estate. The primary functions of the probate process are to:

  • Confirm the validity of the will and identify the appointed executors
  • Grant the executors legal authority to access and deal with the deceased’s assets
  • Ensure that all debts, liabilities, and IHT are paid before the estate is distributed
  • Provide a legal framework for the orderly distribution of assets to beneficiaries

One important point that many people don’t realise: once a Grant of Probate is issued, the will becomes a public document. Anyone can obtain a copy from the Probate Registry for a small fee. This means your financial affairs, the value of your estate, and the identity of your beneficiaries are all on the public record. For families who value privacy, this is a significant concern — and one reason why many people choose to hold assets in a lifetime trust, which is not a public document and does not appear on any publicly accessible register.

Duration of Probate

The length of time it takes to complete the probate process can vary significantly depending on the complexity of the estate, whether IHT is due, and whether any disputes arise.

Here are some key factors that can influence the duration of probate:

  • The size and complexity of the estate — more assets mean more administration
  • Whether IHT is payable — HMRC must be satisfied before the Grant can be issued, and IHT on property often has to be paid before the property can be sold
  • Whether there are disputes among beneficiaries or potential claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Whether the estate includes property that needs to be sold
  • The efficiency of the executors and any professionals they instruct

As a rough guide: the Grant of Probate itself currently takes around 4-8 weeks to process once submitted (online applications tend to be faster). However, the full probate process — from death to final distribution — typically takes 3-12 months for straightforward estates. Where property needs to be sold, the total process can take 9-18 months or longer. During this entire period, all sole-name assets are frozen — bank accounts, savings, investments, and property cannot be accessed or sold until the Grant is issued.

probate duration

This asset-freezing problem is one of the key reasons many families choose to place their home or other assets into a lifetime trust. Assets held in trust bypass probate entirely — the trustees can act immediately on the settlor’s death, without waiting months for a Grant to be issued. This can make a significant practical difference, particularly when the family home needs to be maintained, insured, or eventually sold.

Safety and Storage of Wills

Safeguarding your will is essential to prevent it from being lost, damaged, or tampered with. A will that cannot be found after your death is treated as if it doesn’t exist — your estate will be administered under the intestacy rules, regardless of what your will said. Proper storage is therefore a critical but often overlooked aspect of estate planning.

Best Practices for Storing a Will

To maintain the validity and integrity of your will, consider the following best practices:

  • Store the original with a professional: The safest option is to leave the original will with your solicitor or estate planner, or to deposit it with the Probate Registry’s Will Storage service (a government service that stores wills securely for a one-off fee). This ensures the original is protected from fire, flood, accidental destruction, or interference.
  • Tell your executors where it is: It’s no use having a perfectly drafted will if nobody can find it. Make sure your named executors know exactly where the original is stored and how to access it.
  • Keep a copy at home — clearly marked as a copy: Having a copy for your own reference is helpful, but mark it clearly as “COPY” to avoid confusion. The Probate Registry requires the original will, not a photocopy.
  • Consider keeping a note with your important papers: A simple letter stating “My original will is held by [name/firm] at [address]” can save your family significant time and stress.

Who Should Keep the Original Will?

Choosing the right person or institution to keep your original will is crucial. The most reliable options are:

  • Your solicitor or estate planning firm — they will typically store it securely at no ongoing charge, and your executors can contact them directly.
  • The Probate Registry’s Will Storage service — a government service that provides long-term, secure storage.
  • A bank’s safe deposit box — this offers good security, but be aware that access after your death may be difficult if the box is in your sole name (your executors may need the Grant of Probate to access it — creating a catch-22 situation).

Avoid storing your will in an insecure location, such as a standard household drawer, a loft, or with someone who may not be reliable or easy to contact. Also be aware that if the original will cannot be found after your death, there is a legal presumption that you destroyed it with the intention of revoking it — even if that wasn’t the case.

By following these guidelines, you can ensure that your will remains safe, accessible, and valid — providing a clear record of your wishes regarding your estate.

Common Myths About Wills

Many people hold misconceptions about wills that can lead to confusion, poor planning decisions, and unintended consequences. We regularly encounter families who have been misinformed about how wills work, which can seriously impact their estate planning.

Misconceptions About Will Duration

One common myth is that a will needs to be renewed or “re-registered” after a certain number of years. This is not the case — a will in England and Wales remains valid indefinitely until it is formally revoked. However, the fact that a will doesn’t expire is actually part of the problem. People assume their will is still fit for purpose simply because it exists, without considering whether it still reflects their current wishes, family structure, or the current tax landscape.

For example, a will drafted in 2005 — when average house prices were significantly lower and the IHT nil rate band was £275,000 — may be completely inadequate today, with the average English home worth around £290,000 and the nil rate band frozen at £325,000 since 2009. A will that was once comfortably below the IHT threshold may now expose your family to a 40% IHT bill on the excess.

Another dangerous myth is that marriage doesn’t affect a will. In fact, marriage automatically revokes an existing will in England and Wales — one of the most commonly overlooked rules in succession law.

Clarifying Common Misunderstandings

Here are some other widespread misunderstandings we frequently encounter:

“A will protects my assets from care fees.” It does not. A will only takes effect after your death. It has no impact on what happens to your assets during your lifetime — including if you need residential care. With average care costs running at £1,100-£1,500 per week in England, and the self-funding capital threshold set at just £23,250, your estate can be rapidly depleted while you are alive. Between 40,000 and 70,000 homes are sold every year to fund care. Protecting assets during your lifetime requires a lifetime trust, not just a will.

“Probate is always required.” Not necessarily. Probate is generally needed when the deceased held assets in their sole name above a certain value (each bank and institution sets its own threshold, but it’s often around £5,000-£50,000). Jointly owned assets that pass by survivorship, assets held in trust, and life insurance policies written in trust generally bypass probate entirely.

“Once a will is made, it can’t be changed.” This is completely wrong. You can update or revoke your will at any time, provided you have the mental capacity to do so. In fact, regularly updating your will is one of the most important things you can do for your family.

“A will keeps my affairs private.” It doesn’t. Once a Grant of Probate is issued, your will becomes a public document that anyone can obtain for a small fee. If privacy matters to you, holding assets in a lifetime trust should be considered — trusts are not publicly accessible and do not appear on any public register (the Trust Registration Service is not open to public search).

By understanding the truth about wills and their limitations, you can make more informed decisions about your estate planning. A will is the foundation — but for most homeowning families, it should be supported by a lifetime trust, Lasting Powers of Attorney (LPAs), and a regular review process.

Importance of Legal Advice

Professional legal advice is essential for ensuring your will is valid, tax-efficient, and properly executed according to your wishes. Creating a will might seem straightforward, but the complexities of IHT planning, trust provisions, and the interaction between different legal documents mean that specialist guidance can make a significant difference to the outcome for your family.

Seeking Professional Guidance

Consulting with a specialist estate planning professional — rather than a general-practice solicitor — can provide you with the targeted expertise needed to navigate the intricacies of will creation and wider estate planning. As Mike Pugh often says, “The law — like medicine — is broad. You wouldn’t want your GP doing surgery.” Estate planning is a specialism, and it pays to use someone who works in this area every day.

Some key benefits of seeking professional estate planning advice include:

  • Ensuring your will is legally valid — properly signed, witnessed, and executed
  • Receiving guidance on complex family situations — blended families, estranged relatives, vulnerable beneficiaries
  • Structuring your estate to be as IHT-efficient as possible — the nil rate band (£325,000) and residence nil rate band (£175,000) both have specific qualifying conditions that must be met. The residence nil rate band, for example, is only available when a qualifying residential interest passes to direct descendants — children, grandchildren, or step-children — and tapers away for estates valued above £2,000,000
  • Understanding whether a lifetime trust should complement your will — for example, a Family Home Protection Trust to shield your property from care fees and probate delays while retaining the residence nil rate band
  • Minimising the risk of disputes among beneficiaries or claims under the Inheritance (Provision for Family and Dependants) Act 1975

How an Expert Can Help

An experienced estate planning specialist can help you create a will that works as part of a comprehensive plan, not just a standalone document. They can provide valuable insights into the cost of creating a will and help you understand what level of planning is appropriate for your circumstances.

For instance, they can assist you with:

  1. Drafting a will that covers all your assets — including property, pensions, investments, and digital assets — and clearly expresses your wishes
  2. Advising on whether assets should be held in trust to bypass probate delays and protect against IHT, care fees, or family disputes
  3. Ensuring your will remains effective over time by setting up a review schedule tied to life events and changes in tax law
  4. Coordinating your will with Lasting Powers of Attorney (LPAs) for both property and financial affairs and health and welfare decisions — ensuring you are protected during your lifetime as well as after death

By seeking professional estate planning advice, you can have peace of mind knowing that your will and wider estate plan are robust, up to date, and designed to protect your family. This not only ensures that your wishes are respected but also provides clarity and support to your loved ones during what is always a difficult time.

At MP Estate Planning, we believe that trusts are not just for the rich — they’re for the smart. Whether your estate is worth £200,000 or £2,000,000, the right combination of a will, lifetime trusts, and LPAs can make the difference between your family being protected or being left exposed to IHT, care fees, and probate delays. England invented trust law over 800 years ago — there’s no reason every homeowning family shouldn’t benefit from it.

The Impact of Jurisdiction

When it comes to wills, jurisdiction plays a pivotal role in determining their legal standing and how they are executed. The UK is comprised of three separate legal jurisdictions — England and Wales (which share a single legal system), Scotland, and Northern Ireland — each with its own set of laws and regulations regarding wills, probate, and succession.

Differences in Will Laws Across the UK

The laws governing wills and succession are not uniform across the UK. For instance, the formal requirements for a valid will, the process of obtaining the authority to administer an estate, and the rules on intestacy can differ significantly between jurisdictions.

In England and Wales, a will must be in writing, signed by the testator, and witnessed by two independent witnesses. The intestacy rules and estate administration processes are governed by longstanding legislation, and the probate process produces either a Grant of Probate (where there is a will) or Letters of Administration (where there is no will).

Scotland has its own distinct legal system with different rules. Scottish succession law includes the concept of “legal rights” — a surviving spouse and children have an automatic entitlement to a portion of the deceased’s moveable estate (everything except land and buildings), regardless of what the will says. The formal requirements for wills are governed by different legislation, and the terminology differs (for example, “confirmation” rather than “probate”). Importantly, bare trusts in Scotland give the beneficiary the right to call for the trust property at age 16, rather than 18 as in England and Wales.

Northern Ireland has its own legal framework which, while similar to England and Wales in many respects, has its own nuances regarding succession law and estate administration.

Regional Variations and Their Effects

These regional variations in succession law can have significant practical implications, particularly if you own assets in more than one jurisdiction. For example, if you live in England but own a holiday home in Scotland, the Scottish property may be subject to different rules regarding succession and administration.

Key considerations include:

  • Ensure your will complies with the laws of the jurisdiction where your assets are located — a will valid in England may not automatically be effective for Scottish property.
  • Consider whether you need a separate will for assets held in a different jurisdiction, and take care that the two wills do not inadvertently revoke each other.
  • Seek advice from a specialist who is familiar with the specific jurisdiction’s laws — estate planning expertise in English law does not automatically extend to Scottish or Northern Irish law.
  • Review and update your will if you move between jurisdictions or acquire assets in a different part of the UK.

By understanding the jurisdictional differences in succession law, you can better navigate the complexities of estate planning across the UK, ensuring your will is effective wherever your assets are located and your wishes are respected.

Conclusion

Understanding how long a will lasts — and, more importantly, what can cause it to become outdated or ineffective — is crucial for protecting your family and your assets. A will in England and Wales does not expire, but that doesn’t mean it will still do its job properly years after it was written.

Key Takeaways

A valid, up-to-date will is the foundation of any estate plan. But it is only the starting point. Your will determines what happens to your assets after death, but it cannot protect those assets during your lifetime — from care fees, from IHT, or from the delays and public nature of probate. For comprehensive protection, a will should be complemented by a lifetime trust, Lasting Powers of Attorney, and regular reviews with a specialist estate planner. Not losing the family money provides the greatest peace of mind above all else.

Planning for the Future

To ensure that your will remains valid and effective, review it at least every 3-5 years and after every significant life event. Remember that marriage revokes a will, divorce only partially affects it, and changes in tax law (such as the frozen nil rate band and the upcoming inclusion of pensions in IHT from April 2027) can fundamentally change whether your estate plan still works.

As Mike Pugh says, “Plan, don’t panic.” The time to get your estate plan right is now — not when a crisis forces your hand. By understanding how long a will lasts and taking proactive steps to maintain and strengthen your estate plan, you can ensure that your wishes are respected and your family is truly protected.

FAQ

How long is a will valid for in the UK?

A will in England and Wales does not expire. It remains legally valid from the moment it is properly executed until it is formally revoked — either by making a new will, by deliberate destruction, or by operation of law (such as marriage). However, we recommend reviewing your will at least every 3-5 years to ensure it still reflects your wishes and current tax rules.

What happens to a will when I get married or enter into a civil partnership?

In England and Wales, getting married or entering into a civil partnership automatically revokes any existing will — unless the will was expressly made “in contemplation of” that specific marriage or partnership. This is one of the most commonly overlooked rules in succession law. If you have recently married and have not made a new will, you are currently intestate.

How do I revoke a will?

You can revoke a will in England and Wales by making a new will (which should include a clause revoking all previous wills), by deliberately destroying the original with the intention of revoking it, or by getting married. We recommend making a new will as the clearest and most legally robust method of revocation.

When should I update my will?

You should update your will after any significant life event — including marriage, divorce, the birth or adoption of children or grandchildren, buying or selling property, a change in your financial circumstances, or the death of a named executor or beneficiary. We also recommend reviewing your will whenever UK tax rules change — for example, the upcoming inclusion of pensions in IHT from April 2027.

What happens if I die without a will?

If you die without a valid will in England and Wales, your estate is distributed according to the intestacy rules — a rigid legal formula that does not account for your personal wishes. Unmarried partners, step-children, friends, and charities receive nothing under these rules. Your surviving spouse does not necessarily inherit everything — if there are children, the estate is split between the spouse and children according to a fixed formula.

How long does probate take?

The Grant of Probate itself currently takes around 4-8 weeks to process once the application is submitted. However, the full probate process — from death to final distribution of assets — typically takes 3-12 months for straightforward estates, and 9-18 months or longer where property needs to be sold or IHT is due. During this period, all sole-name assets are frozen and cannot be accessed.

Where should I store my will?

We recommend storing the original will with your solicitor or estate planning firm, or depositing it with the Probate Registry’s Will Storage service. If the original will cannot be found after your death, there is a legal presumption that you destroyed it with the intention of revoking it. Always make sure your executors know exactly where the original is held.

Are there differences in will laws across the UK?

Yes. England and Wales, Scotland, and Northern Ireland each have their own separate legal systems governing wills, succession, and estate administration. The rules differ in important ways — for example, Scottish law gives a surviving spouse and children automatic “legal rights” to a share of the moveable estate regardless of the will. If you own assets in more than one jurisdiction, specialist advice is essential.

Do I need to seek professional legal advice when creating or updating a will?

We strongly recommend it. While it is technically possible to write your own will, the risks of getting it wrong — invalid execution, ambiguous wording, unintended tax consequences, or failure to account for trust provisions — are significant. A specialist estate planning professional can ensure your will is legally valid, tax-efficient, and works as part of a comprehensive plan that includes lifetime trusts and Lasting Powers of Attorney where appropriate.

What is the role of probate in will duration?

Probate does not affect how long a will is valid — a will’s validity is determined at the point of execution and remains in force until revoked. Probate is the separate legal process that takes place after death, through which the Probate Registry confirms the will’s validity and grants the executors legal authority to administer the estate. Without a Grant of Probate, executors cannot access sole-name bank accounts, sell property, or distribute the estate.

Can a will remain valid indefinitely without needing any updates?

Technically, yes — a will does not expire. But practically, a will that hasn’t been reviewed for many years is likely to be outdated. Changes in your family circumstances, the value of your assets, and UK tax law (the IHT nil rate band has been frozen at £325,000 since 2009 and won’t rise until at least April 2031) can all mean that your will no longer achieves what you intended. Regular reviews are essential.

Is probate always necessary?

No. Probate is generally required when the deceased held assets in their sole name above a certain value threshold (which varies by institution). Assets held jointly as joint tenants pass automatically to the surviving owner by right of survivorship. Assets held in a lifetime trust bypass probate entirely — the trustees can act immediately without waiting for a Grant. Life insurance policies written in trust are also paid directly to the trustees, outside of probate.

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Important Notice

The content on this website is provided for general information and educational purposes only.

It does not constitute legal, tax, or financial advice and should not be relied upon as such.

Every family’s circumstances are different.

Before making any decisions about your estate planning, you should seek professional advice tailored to your specific situation.

MP Estate Planning UK is not a law firm. Trusts are not regulated by the Financial Conduct Authority.

MP Estate Planning UK does not provide regulated financial advice.

We work in conjunction with regulated providers. When required we will introduce Chartered Tax Advisors, Financial Advisors or Solicitors.

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