Do I need to update my will after changing my name?

Does changing my name affect my will?#

No. A will is not tied to the name you signed it in. In England and Wales the Wills Act 1837 sets out the only ways a will can be revoked: by your marrying or forming a civil partnership, by a later will or codicil, by a written revocation signed and witnessed like a will, or by destroying it with the intention of revoking it. Section 19 adds that no will is revoked by presuming you meant to because your circumstances have changed. A change of name is none of these, so a will made in your former name remains your will.

GOV.UK's examples of when to review a will do not mention a change of name either. They are getting separated or divorced, getting married, having a child, moving house and the death of the executor you named, and it suggests a review every five years regardless.

I took my spouse's surname when we married. Is my old will still valid?#

In England and Wales, not unless it was made with that marriage in mind, and the reason is the marriage, not the name. Section 18 of the Wills Act says a will is revoked by the testator's marriage, and section 18B says the same of forming a civil partnership. GOV.UK puts it simply: getting married cancels any will you made before.

The exception is a will that shows that, when you made it, you were expecting to marry or form a civil partnership with that particular person and intended the will not to be revoked by it. A marriage made by converting a civil partnership does not revoke a will either. Otherwise, make a new will after the wedding: if you die without one, GOV.UK says, the law decides who gets what. Changing your name after marriage covers the rest of the paperwork.

The rule differs elsewhere in the UK. mygov.scot says that in Scotland getting married or entering a civil partnership does not cancel an existing will. nidirect lists marriage among the changes after which to review a will in Northern Ireland.

What does a divorce do to my will?#

It does not revoke it, but it takes your former spouse out of it. When a court in England and Wales dissolves or annuls a marriage, section 18A says that, unless the will shows you intended otherwise, a gift to your former spouse passes as if they had died on that date, and any appointment of them as executor or trustee takes effect in the same way. Section 18C does the same when a civil partnership is dissolved or annulled. The rest of the will stands, and your former spouse keeps any right to apply for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Going back to your own name afterwards changes nothing further. In Scotland, mygov.scot says anything you left to a former spouse or civil partner no longer applies after a divorce or the end of a civil partnership. Changing your name after divorce covers the name itself.

What if someone in my will has changed their name?#

A beneficiary who has married, divorced or made a deed poll since you wrote your will, or a child whose name you have changed, is still the person you described. What matters is whether your executors can tell who you meant. Where the words of a will are ambiguous in the light of the circumstances, section 21 of the Administration of Justice Act 1982 allows evidence, including evidence of what you intended, to help interpret it. When you next review the will, describing people by their current names removes the question.

Should I use a codicil or make a new will?#

There are two ways to change a signed will.

• A codicil is an official alteration to part of the will. GOV.UK says you sign it and have it witnessed in the same way as the will itself: in England and Wales, in the presence of two witnesses who are both over 18, who then sign in your presence. There is no limit on how many you can add.
• A new will is what GOV.UK recommends for major changes. It should say that it revokes all your earlier wills and codicils, and you then destroy the old will by burning it or tearing it up.

Because a change of name leaves the will working, updating your own name is optional: a short codicil can do it, or it can wait until you rewrite the will. Choose witnesses with care either way. GOV.UK says you cannot leave anything to a witness or to their married partner, and in the Wills Act the word "will" includes a codicil. In Scotland, mygov.scot says a codicil needs your signature to be valid, and a witness's signature as well to make it self-proving.

What happens to money or property left in my old name?#

Your executors can still deal with it. The probate application starts from the death certificate: form PA1P, the paper application where there is a will, asks for the forenames and surname as they appear on it. It then asks whether the person was known by any other name in which they held assets, a savings account never moved out of a maiden name, for example, and its notes say those names will appear on the grant. The Non-Contentious Probate Rules 1987 set the test: to describe someone in a grant by a name in addition to their true name, the application gives the true name and either identifies part of the estate held in the other name or gives another reason for including it.

It is still simpler if your accounts move to your new name while you can. Who to tell after changing your name lists the organisations, and my name is different on my documents helps where records have drifted apart. Scotland and Northern Ireland have their own procedures after a death, which the Scottish courts and nidirect explain.

Where can I get advice?#

GOV.UK suggests professional advice when a will is not straightforward: for example, if you share a property with someone who is not your spouse or civil partner, if a second spouse or children from another marriage may claim on it, or if you have a business or property overseas. The Law Society's Find a Solicitor covers England and Wales. For Scotland, mygov.scot points to the Law Society of Scotland, and in Northern Ireland the Law Society of Northern Ireland lists solicitors.