WILLS

JANUARY 2026

A will written in 1988 and a family that has changed twice since

An old will is still a valid will. The trouble is what it leaves out: a second marriage, a stepchild, a house that was sold. This note walks through what an out-of-date will actually does, and what a short codicil can fix without starting again.

Photograph accompanying the note

An old will is still a valid will. The trouble is rarely that the document has expired. It is that the family it describes no longer exists.

A will from 1988 may leave a share to a brother who has since died, name an executor who is now eighty four, and divide a house that was sold in 2004. None of that makes it invalid. All of it makes it slow.

Where a beneficiary has died before the testator, their share usually fails and falls into the residue, unless the will says otherwise or they were a child of the testator. Where an executor cannot act, someone has to renounce formally before anyone else can apply.

The fix is not complicated and it is much cheaper than the argument. A will should be read again after a death in the family, a divorce, a house move or a birth. Four events, and most people have had two of them since they last looked.

More from our writing

THE OFFICE

12 Southgate Street

Winchester, Hampshire

SO23 9EF

Open until 5.30 today

REGULATED

Solicitors Regulation Authority

No. 000000

VAT 000 0000 00

COMPLAINTS

If something goes wrong, tell the solicitor handling your file first. If we cannot put it right within eight weeks you can take it to the Legal Ombudsman.

If something goes wrong, tell the solicitor handling your file first. If we cannot put it right within eight weeks you can take it to the Legal Ombudsman.

AUTHORISED AND REGULATED BY THE SOLICITORS REGULATION AUTHORITY

© 2026 ASHCOMBE. ALL RIGHTS RESERVED.

Create a free website with Framer, the website builder loved by startups, designers and agencies.