Signs your old will needs redoing — and who to see

Many people keep the will they had drafted five or ten years ago because it's already done. That's when problems breed. A will written in isolation, or one that hasn't been reviewed since your life shifted, often fails to reflect your actual wishes, can't handle current tax rules, and may trigger conflict between beneficiaries or collapse under the weight of your real assets. Spotting these gaps early—before your will is tested—is what this article walks you through.

The will that doesn't match your life anymore

Your will is a snapshot. If you've moved provinces, remarried, had children, started a business, bought property, or experienced a serious shift in your relationships, your old will may be fighting yesterday's battles. One common failure: a will written before you had dependants now sits unchanged while your circumstances demand it. Another: you've named an executor who has since moved abroad or lost capacity. Some wills name beneficiaries by role—"my eldest child"—which works until that relationship frays or circumstances change.

The signal to redraft isn't always obvious. Ask yourself: could someone I've since cut ties with still inherit under this will? Does it assume assets I no longer own? Have I acquired major holdings—a rental property, a business stake, a vehicle fleet—that it doesn't address? If the answer to any of these is yes, the will is already outdated.

Tax and duty traps your old will never considered

Estate duty thresholds, income tax treatment of lump sums, and the way capital gains tax applies to inherited assets shift over time. A will drafted when one set of rules applied may inadvertently bungle the tax burden handed to your heirs. You might have structured a bequest in a way that made sense in 2014 but now costs your estate thousands in unnecessary duty or your beneficiaries significant tax on income they receive.

Beyond raw tax, the legal standing of trusts, guardianship clauses, and overseas beneficiary rules have evolved. If your will contains a testamentary trust for minors, it may not reflect modern trust law. If you've given money to family abroad and your will doesn't account for currency or transfer controls, your executors will struggle. These aren't exciting details, but they're expensive mistakes.

When your executor or trustee is no longer the right fit

You named your brother as executor because he was reliable in 2012. He's now chronically ill. You appointed your spouse as trustee for your children's inheritance, but you've divorced. You chose a professional firm that has since merged or closed. These aren't rare edge cases—they're common reason wills unravel when they're actually needed.

A botched executor choice doesn't invalidate your will; it creates chaos. Your nominated executor may refuse to act, forcing the court to appoint someone neither you nor your family wanted. Your trustee may lack the expertise to manage a complex inheritance or hold a grudge against a beneficiary. Check: who is actually named in your will right now? Can you call them and confirm they're willing and able? If you're unsure, or if that person's circumstances have changed materially, your will needs attention.

DIY edits and faded originals

One of the fastest ways a will breaks down is informal amendment. You scribbled a note in the margin, crossed out a name with a pen, or tucked a separate letter into the file asking executors to follow new wishes. None of this is binding. Courts won't honour handwritten additions or unsigned notes, no matter how clearly you intended them. The result: disputes between beneficiaries, wills challenged in court, and estates frozen while lawyers argue about your actual intent.

Also red-flag: you've never actually seen the original will, only a photocopy. You're not certain where it's kept. You don't know whether it was signed in front of the right number of witnesses. Any of these gaps—along with a will more than five years old and untouched—means it's worth a review before it's needed. Redoing a will when you're well costs far less in stress and legal fees than fixing one in probate.

Finding someone to audit your existing will and advise whether redrafting makes sense is straightforward. A qualified estate planner or attorney can walk through your current will in a single session, spot the risks, and tell you what needs changing. You'll find vetted professionals offering this service on Strove, where you can compare their experience and read feedback from others who've had wills redone.