Why You Urgently Need to Update Your Will (Especially if it was signed before 2020)
Most people know they need a Will. Fewer realise that many Wills signed before 2020 are now risky. The Trusts Act 2019 (passed on 30 July 2019) reshaped how trustees must behave and what powers they can exercise. Unless your Will has been refreshed to reflect those changes—and to plan for worst-case scenarios—your family could face avoidable cost, delay, and stress.
A real story: when “it’ll be fine” wasn’t fine
Joan (not her real name) appointed her brother Jim as sole executor and trustee. When Joan died, Jim was already mentally incapacitated. Under s 9A of the Administration Act 1969, the High Court granted administration of Joan’s estate to the holder of Jim’s enduring power of attorney—a person Joan had never even met. Jim’s doctor also had to swear an affidavit to prove incapacity, adding time and expense at the worst possible moment.
All of this was preventable with an up-to-date Will that named back-up executors/trustees and dealt expressly with incapacity.
What has changed—and why your old Will may not be fit for purpose
1) Trustee duties and information rights now have teeth
The Trusts Act 2019 sets mandatory duties (like acting honestly and in good faith) and default duties (like exercising care and skill), and clarifies beneficiaries’ information rights. Old “boilerplate” powers in many pre-2020 Wills don’t sit neatly with these modern rules.
2) Trustee powers need to be Trusts Act-compliant
Generic trustee powers drafted before the Act can be too broad, too narrow, or simply out-of-step with the new framework.
What we’ve changed:
Replaced legacy trustee powers in our Wills with a modern, Trusts Act-aligned powers schedule, clearly mapping how decisions are made, recorded, and justified.
Tightened provisions around conflicts of interest, delegation, investment, distributions, professional advice, and indemnities, so your trustees can act decisively without tripping over technicalities.
3) Planning for the worst is now essential
A Will only speaks when you die. If your executor/trustee can’t act at that time, the Court (or strangers) may take control.
What we’ve changed:
We’ve progressively updated our Wills so that now any appointed executor/trustee automatically ceases to hold office if, at the date of your death, they are:
Mentally incapacitated, or
Deceased within 7 days of your death (so they don’t accidentally assume office), or
Terminally ill, unable to act, or unwilling to act.
That automatic “cease to act” rule prevents paralysis and lets your back-up executors/trustees step in immediately—without extra Court steps.
Bottom line: If your Will was prepared before 2020, it was almost certainly drafted with a different legal landscape in mind. It should be reviewed now.
What our modern, robust Wills include
Trusts Act 2019–compliant trustee powers (cleanly drafted, practical, and defensible).
Back-up executors/trustees and automatic cease-to-act safeguards (incapacity, death within 7 days, terminal illness, inability, or unwillingness).
Clear authority for trustees to obtain professional advice and recover reasonable costs, with conflict-sensitive guardrails.
Ensuring that your Enduring Powers of Attorney (EPOAs) property attorneys are also the trustees of your will, so the people you trust are in charge before and after death.
Practical guidance for record-keeping and communication that reduces family friction.
Why our documents keep getting better
We constantly improve our precedents based on client experiences and our ongoing review of case law. When we see something go wrong in the real world we refine our Wills so the same problem doesn’t happen to you.
Quick self-check: does your Will need an urgent review?
If you answer yes to any of the below, you should update your Will now:
Signed before 2020 (or last reviewed more than 3–4 years ago).
Only one executor/trustee is named, or no back-up executor/trustees are listed.
No express clause that an executor/trustee ceases to act on incapacity, death within 7 days, terminal illness, inability, or unwillingness to act.
No trustees’ powers, or old-style trustees’ powers, with vague or sweeping language.
Major life changes: new relationship, separation, children/grandchildren, a business, a trust, or property purchases/sales.
Your EPOAs are missing or out of date (these work hand-in-glove with your Will).
Protect your family today
Without an up-to-date Will and Enduring Powers of Attorney (EPOAs), your family could face stress, costs, and even strangers making life’s most important decisions for you.
“Your Will speaks for you when you die.
Your Enduring Powers of Attorney speak for you while you are alive.
Without them, someone you never chose could make life’s most important decisions for you and your family.”
Attention: Old Wills can hand control to the wrong people and cost your family time and money.
Benefit: A modern Will gives your trustees clear, lawful powers and ensures the right people can act immediately.
Urgency: If your Will predates 2020, review it now—while you can.
👉 Update your Will with us,
👉 Put EPOAs in place (they work alongside your Will).
