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Preparing a Will is an important part of managing your estate as it clearly spells out your wishes after you have died.
However, having a drafted a Will, you must continue to review it throughout your life to make sure it remains effective and reflects your wishes.
Major life events or changes in circumstances are the main checkpoints when you should review your Will, as was made clear in the case of Rogers v Wills.
Rogers v Wills: A case of unpaid care
The England and Wales High Court recently ruled on the long-running case of Roger v Wills [2025] EWHC 1367 (Ch).
From 2017 until her death in 2020, Ursula Wills (known as “Sheila” by her family and referred to as such in the court hearing) was cared for primarily by Bernadette Rogers, the eldest of six children.
The terms of her Will, which was drafted in 2015, dictated that the estate be left equally between all six children and named Andrew Wills, the eldest son, as the Executor.
However, Rogers brought a claim based on an alleged contract, stating that her mother and siblings had agreed that she would be compensated for her mother’s care.
Wills argued that there had only been an informal consensus that Bernadette should be compensated, denying any binding agreement.
HHJ Paul Matthews ruled in favour of Rogers, arguing that “although no specific price was fixed, it was plainly a contract for services at a reasonable price. In my judgment, Sheila’s estate is accordingly liable to pay that price.”
He declined to provide a value for compensation, stating that this matter should be dealt with via mediation between the parties in order to avoid “further costly and emotionally wearing court hearings.”
What could have been done differently?
Matthews expressed the huge consequences of Will disputes on family relationships and finances:
The events that have given rise to a claim, and the litigation itself, have completely fractured the previously united and close family relationship. It is a tragedy for all concerned. Given the costs of mounting and fighting a case of this sort, it is also an expensive tragedy.
A written and signed contract outlining the agreement of the mother and all the siblings would have helped to provide clarity on what compensation was owed to Rogers following her mother’s death.
However, Sheila could also have taken the opportunity to express her wishes in her Will.
By 2017, circumstances had changed significantly since she drew up her Will in 2015.
Sheila could have reviewed her Will to include appropriate compensation for Rogers’ care.
If she wished, she could then have explained her decision to her children.
While it is entirely a matter of choice whether someone discloses the terms of their Will to any beneficiaries, it would have been beneficial in this case.
Sheila could have made sure all her children were on the same page about their inheritance.
This, alongside clear wishes outlined in her Will, could have prevented the “expensive tragedy” that followed her death.
Reviewing your Will
Many things change as you reach later life, and your intentions for your estate and beneficiaries can change as a result.
It is important to review and update your Will to reflect your new wishes.
In the absence of major events or changes in circumstances, we suggest that you review your Will every three to five years.
Any minor changes can sometimes be registered by a simple amendment (known as a codicil), which can be done relatively easily and cheaply.
Remember to follow the correct procedures when amending your Will to make sure the changes are valid.
Let your chosen Executors know that you have updated your Will. Confirm to them when it was signed and where it is kept.
This will reduce the chances of your Will being missed, which could otherwise lead to an older Will being read or even result in your estate being left to intestacy.
Update your Will with Mander Hadley Solicitors
If you haven’t reviewed your Will in the last five years, it’s time to consider doing so.
Our experienced Wills, Trusts and Probate team will provide independent, tailored legal advice on how best to ensure your Will reflects your wishes.
We have worked with thousands of families to prepare Wills that are accurate, valid, and legally sound.
Whether you prepared your previous Will with us or another provider, we can help you review your Will and make changes to ensure it is up to date with your current intentions.
To find out more about how we can help you, please get in touch.
Director – Head of Family Department
I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.
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