When and How to Update Your Will

Quick answer: Update your will after every major life event—marriage, divorce, birth of children, death of a beneficiary or executor, significant asset changes, or moving to a new state. For minor changes, use a codicil (legal amendment). For major revisions, create an entirely new will that revokes the old one. Never handwrite changes on your existing will—it can invalidate the entire document.

A will isn't a "set it and forget it" document. Life changes, and your will must change with it. An outdated will can cause exactly the problems you wanted to avoid: unintended beneficiaries, family disputes, and lengthy court battles.

When to Update Your Will

Marriage or Remarriage

Why it matters: In most states, marriage automatically revokes a will made before the marriage (unless the will explicitly states it was made in contemplation of that marriage). Even if not automatically revoked, your new spouse may have legal claims to your estate that override your old will.

What to do: Create a new will immediately after marriage that:

• Includes your spouse as a beneficiary (or explains why you're not leaving them assets)
• Updates executor and guardian nominations if applicable
• Addresses any prenuptial agreement provisions
• Accounts for blended family situations if either spouse has children from prior relationships

Timeline: Within 3 months of marriage

Divorce or Legal Separation

Why it matters: Most states automatically revoke provisions benefiting an ex-spouse after divorce, but this varies. Don't rely on automatic revocation—explicitly update your will.

What to do:

• Remove ex-spouse as beneficiary
• Change executor if your ex-spouse was named
• Update guardian nominations if children are involved
• Review and update beneficiary designations on life insurance, retirement accounts, and POD/TOD accounts (these are NOT automatically updated by divorce in most cases)
• Consider creating trusts for children to ensure ex-spouse doesn't control their inheritance

Timeline: As soon as divorce is finalized (or even before if state law allows)

Birth or Adoption of Children

Why it matters: Children born after your will is executed may not be covered, or may receive an unintended share under "pretermitted heir" statutes (laws protecting children accidentally omitted from wills).

What to do:

• Add new child as beneficiary with specific percentage or amount
• Name guardians for minor children (or update if your chosen guardian is no longer appropriate)
• Consider creating a trust to manage assets until children reach adulthood
• Update life insurance beneficiary designations
• Adjust distribution percentages among all children if desired

Timeline: Within 6 months of birth/adoption (sooner if possible)

Death of a Beneficiary, Executor, or Guardian

Why it matters: If a beneficiary predeceases you and you haven't named alternates, their share may pass under residuary clauses or intestacy law—potentially to unintended heirs.

What to do:

• Remove deceased individuals from all roles (beneficiary, executor, guardian, trustee)
• Name new alternates
• Redistribute any bequests that were going to the deceased person
• If the deceased was your spouse, completely restructure your estate plan

Timeline: Within 3-6 months

Significant Change in Assets

Why it matters: Major changes in wealth may require different estate planning strategies, especially regarding taxes, creditor protection, or distribution timing.

Examples that trigger updates:

• Receiving a large inheritance
• Buying a home or other real estate
• Starting or selling a business
• Significant increase or decrease in net worth
• Acquiring valuable assets (art, jewelry, collectibles)

What to consider:

• Do you now need a trust for probate avoidance or tax planning?
• Should distribution percentages change?
• Do new assets require specific bequests or special handling?
• Are there now estate tax concerns?

Timeline: Within 6-12 months, or sooner if estate tax implications arise

Moving to a New State

Why it matters: Estate laws vary significantly by state. While a will executed in one state is generally valid in another, specific provisions may not comply with your new state's requirements.

State differences to consider:

• Community property states (AZ, CA, ID, LA, NM, NV, TX, WA, WI) have different spousal rights
• Witness requirements vary (some states require 2 witnesses, Vermont requires 3)
• Self-proving affidavits are handled differently
• State estate taxes exist in 12 states plus DC
• Homestead laws protecting primary residences vary

What to do:

• Have an attorney in your new state review your will
• Consider executing a new will compliant with new state law
• Update healthcare directives (which vary more by state than wills)
• Change property ownership if moving to/from community property states

Timeline: Within 6-12 months of establishing residency

Changes in Relationships

Why it matters: Estrangement from a beneficiary, closer relationships with someone you want to include, or changes in who you trust as executor all warrant updates.

Examples:

• Estrangement from a child or family member
• Wanting to disinherit someone
• Developing a close relationship with someone you want to benefit
• Loss of trust in your named executor

Timeline: As soon as the relationship change is clear and unlikely to reverse

Changes in Tax Law

Why it matters: Federal estate tax exemptions and rates change, sometimes dramatically. The exemption is scheduled to drop from $13.61 million (2024) to around $7 million in 2026 unless Congress acts.

When to update: If changes in tax law affect your estate (typically only if your estate exceeds $1-2 million, depending on the change)

Age Milestones

Even without specific life events, review your will:

• Every 3-5 years as general practice
• At age 60, 70, and 80 to account for aging and changing circumstances
• When children reach adulthood (you may no longer need guardian nominations)
• When approaching or entering retirement

How to Update Your Will: Codicil vs New Will

Option 1: Create a Codicil

A codicil is a legal document that amends your existing will without completely replacing it.

Use a codicil for minor changes:

• Changing your executor (if they're unwilling or unable to serve)
• Adding a small specific bequest ("I leave my vintage watch to my grandson")
• Updating an address or name
• Removing a single beneficiary who predeceased you
• Making one or two small adjustments

Requirements for a valid codicil:

• Must be in writing
• Must reference the original will by date
• Must explicitly state what's being changed, added, or deleted
• Must be signed and witnessed according to your state's requirements (same as a will)

Advantages:

• Less expensive than a new will
• Faster to create
• Preserves most of your original will

Disadvantages:

• Can create confusion if you use multiple codicils
• Executor must track down both the original will and all codicils
• Increases risk of conflicting provisions
• Not suitable for major changes

Option 2: Create a New Will

For major changes, it's cleaner to create an entirely new will that explicitly revokes all prior wills and codicils.

Use a new will for major changes:

• Changing primary beneficiaries
• Restructuring how assets are distributed
• Adding or removing multiple people
• Changing guardians for minor children
• If you've already created 2+ codicils (getting too complex)
• Moving to a new state

Required language:

"I hereby revoke all prior wills and codicils."

Advantages:

• Clear, single document—no confusion
• Allows complete restructuring
• Easier for executor to interpret
• No risk of conflicting provisions between documents

Disadvantages:

• Costs more than a codicil
• Takes more time to prepare

Common Mistakes When Updating Wills

1. Handwriting Changes on Your Existing Will

NEVER do this. Crossing out provisions, writing in margins, or making handwritten changes can:

• Invalidate the entire will in many states
• Create ambiguity about your intent
• Lead to will contests
• Confuse your executor and the probate court

Even if your state recognizes holographic (handwritten) wills, handwritten changes to a typed will are rarely valid.

2. Creating Multiple Wills Without Revoking Prior Ones

If you create a new will but don't explicitly revoke prior wills, you may end up with:

• Conflicting provisions
• Litigation over which will is valid
• Confusion about your final wishes

Always include: "I revoke all prior wills and codicils."

3. Forgetting to Update Beneficiary Designations

Updating your will doesn't update:

• Life insurance beneficiaries
• Retirement account beneficiaries (401(k), IRA, etc.)
• POD (payable-on-death) bank accounts
• TOD (transfer-on-death) investment accounts
• Joint ownership designations

These assets pass outside your will directly to named beneficiaries. Update them separately.

4. Not Following Proper Execution Requirements

Even minor updates (codicils) must be:

• Signed by you
• Witnessed according to state law (usually 2-3 witnesses)
• Witnesses who are not beneficiaries
• Possibly notarized (for self-proving wills)

An improperly executed codicil is invalid, leaving your original will in effect.

5. Updating Your Will But Not Telling Anyone

Your executor needs to know:

• That an updated will exists
• Where to find it
• That it supersedes any earlier versions

Destroy old versions or clearly mark them "REVOKED" to avoid confusion.

How to Update Your Will: Step-by-Step

Step 1: Review Your Current Will

Identify what needs to change:

• Is it one small change or a complete overhaul?
• Are there multiple outdated provisions?
• Do you still agree with the overall structure?

Step 2: Decide: Codicil or New Will?

Codicil: 1-2 minor changes, original will is otherwise fine

New will: Major changes, multiple updates, or if it's been 5+ years

Step 3: Use Online Services or Attorney

Online: Services like Trust & Will offer will updates for $50-$150, or unlimited updates with a subscription

Attorney: $300-$1,000 for updates, depending on complexity

Step 4: Execute the Update Properly

Follow your state's requirements exactly:

• Sign in front of witnesses
• Use disinterested witnesses (not beneficiaries)
• Consider notarization for a self-proving will
• Date the document

Step 5: Store and Communicate

• Store the new will/codicil with your original will
• Destroy or clearly mark old versions as "REVOKED"
• Tell your executor about the update and where to find it
• Update your digital estate planning inventory

Step 6: Update Related Documents

• Beneficiary designations (life insurance, retirement accounts)
• Healthcare directives if healthcare agent changed
• Financial power of attorney if that person changed
• Trust documents if you have a living trust

Cost of Updating a Will

Online Services

• Per-update pricing: $50-$150
• Subscription models: $19-$39/month for unlimited updates
• Complete new will: $100-$200

Attorney

• Simple codicil: $300-$500
• Complex codicil: $500-$800
• New will: $300-$1,000 (same as creating one from scratch)

Special Circumstances

Emergency Updates

If you need to make emergency changes due to sudden illness:

• Some states allow holographic (handwritten) wills if entirely in your handwriting and signed
• Video or audio "wills" are generally NOT valid
• If hospitalized, ask for a hospital notary and witnesses
• Consider a deathbed codicil with attorney assistance

Updating Trusts

Revocable living trusts are easier to update than wills:

• You can amend them at any time while competent
• Create an amendment to trust for minor changes
• Create an amended and restated trust for major changes
• No witnesses required in most states (unlike wills)

Related Articles

• Complete Estate Planning Checklist
• How to Create a Will Online
• Living Trust vs Will
• How to Choose an Executor

Frequently Asked Questions

About the Author: Patricia Larson, J.D., is an estate planning attorney with 20 years of experience in elder law and trust administration. She regularly helps clients update and revise their estate plans as life circumstances change.