How Often Should You Update Your Will? 10 Times to Review It
A will should generally be reviewed every three to five years and whenever a major life, family, financial, or legal change occurs. A review does not automatically mean that you need a new will. It is an opportunity to confirm that the document still reflects your wishes, names appropriate people, and works with the rest of your estate plan.
Waiting for a scheduled review is not appropriate after a major event such as marriage, divorce, the birth or adoption of a child, a beneficiary’s death, a move to another state, or a substantial change in assets. Those events may affect who inherits, who manages the estate, and whether the document operates as intended under current state law.
The American Bar Association’s introduction to wills explains that a will allows you to replace state default inheritance rules with instructions that reflect your preferences. But those instructions are useful only when they still match your circumstances.
How Often Should You Review Your Will?
There is no single review interval required for every person in the United States. Estate and probate laws vary by state, and personal circumstances differ.
A practical schedule is:
- Conduct a brief review once a year.
- Arrange a more thorough review with an estate-planning attorney every three to five years.
- Review the will promptly after a significant life or financial event.
An annual check can be simple. Confirm that the people named in the document are still living, willing, capable, and appropriate for their roles. Check whether your family, property, residence, and intentions have changed.
A more detailed periodic review can address changes in state law, document language, tax considerations, asset ownership, beneficiary designations, and the relationship between the will and any trust.
The calendar is only a fallback. A major change should trigger a review even if you signed the will recently.
10 Events That Should Trigger a Will Review
1. You Get Married
Marriage changes your family and may affect inheritance rights under state law. A will signed before marriage may not provide for your new spouse in the way you expect.
Review:
- The property left to your spouse
- The person named as executor
- Beneficiary designations on retirement accounts and life insurance
- Ownership of bank, investment, and real-estate assets
- Provisions for children from an earlier relationship
Do not assume that marriage automatically updates an existing will or every account designation.
2. You Separate or Divorce
Divorce is one of the most important times to review an estate plan. State law may revoke certain provisions involving a former spouse, but the results vary and may not cover every document or account.
The American Bar Association’s post-divorce guidance recommends reviewing wills, trusts, powers of attorney, advance directives, and beneficiary designations after divorce. A former spouse may still be listed on a retirement plan, life insurance policy, payable-on-death account, or transfer-on-death registration.
Court orders and divorce agreements may also restrict certain changes. Obtain legal advice before altering designations that may be governed by a settlement, support obligation, or qualified domestic relations order.
3. A Child Is Born or Adopted
A new child may change both inheritance and guardianship decisions. Parents commonly use a will to nominate a guardian for minor children and to establish how property should be managed for them.
Review whether the will:
- Includes the new child appropriately
- Names suitable guardians and alternates
- Provides a workable arrangement for inherited property
- Coordinates with life insurance and retirement beneficiaries
- Addresses children from different relationships consistently with your intentions
Leaving property outright to a minor can create practical and legal complications. An attorney can explain trusts, custodial arrangements, and other options permitted in your state.
4. A Beneficiary Dies or Your Relationship Changes
If a beneficiary dies before you, the will’s alternate provisions determine what happens next. The result may be different from what you would choose today.
You may also want a review after estrangement, reconciliation, the marriage of an adult child, or a beneficiary’s development of disability, addiction, creditor, or money-management concerns.
This is also a good time to understand the difference between an heir and a beneficiary. An heir may inherit under state law, while a beneficiary is named in a will, trust, policy, or account arrangement.
5. Your Executor or Guardian Can No Longer Serve
An executor may die, become ill, move far away, decline the responsibility, or no longer be someone you trust. The same can happen to a nominated guardian or trustee.
Review the primary and backup choices for each role. Consider whether the person is organized, trustworthy, available, and capable of handling potential family conflict.
An executor’s authority begins after death and is different from the authority granted under a power of attorney. WealthLedger’s guide to executor and power-of-attorney responsibilities explains when each role operates.
6. You Move to Another State
A properly executed will may remain valid after a move, but state rules differ on execution, witnesses, spouses’ rights, probate, personal representatives, and property.
Moving is a strong reason to have a lawyer in the new state review the complete estate plan. The review is especially important if you own real estate in more than one state or moved between community-property and common-law-property jurisdictions.
Do not assume that changing the address written on the document is enough.
7. Your Assets Change Significantly
A major increase or decrease in wealth may make old instructions impractical. Examples include:
- Buying or selling a home or business
- Receiving an inheritance
- Acquiring property in another state
- Opening substantial investment or retirement accounts
- Selling an asset specifically mentioned in the will
- Taking on major debt
- Experiencing a significant financial loss
Asset changes can also affect whether property passes through probate. Review the distinction between probate and non-probate assets before assuming that the will controls every account.
8. You Start or Close a Business
A business interest may require succession planning beyond a basic will. Ownership agreements, buy-sell provisions, insurance, management responsibilities, and valuation issues can affect what happens after an owner’s death.
Review whether the person receiving the ownership interest is also able and permitted to manage the business. A coordinated plan may be needed to protect employees, partners, family members, and the value of the company.
9. A Beneficiary’s Needs Change
An outright inheritance may not be suitable when a beneficiary is a minor, has a disability, receives means-tested public benefits, faces creditor problems, or lacks financial-management experience.
The appropriate solution depends on state and federal law and the beneficiary’s circumstances. Do not create or change a trust based solely on a generic template. Specialized legal advice may be necessary, particularly when public-benefit eligibility could be affected.
10. Estate or Tax Rules Change
Federal and state laws can change. Even when your estate is unlikely to owe federal estate tax, legal changes may affect probate, spousal rights, fiduciary powers, digital assets, trusts, or state-level taxes.
A periodic professional review helps identify provisions that have become outdated. The IRS explains that federal estate tax is based on the transfer of property at death, while filing obligations and thresholds depend on current law and the estate’s facts.
Reviewing a Will Is Not the Same as Rewriting It
A review may show that no amendment is necessary. If a change is needed, the correct method depends on its extent and state law.
An attorney may recommend:
- A codicil that amends a limited provision
- A new will that replaces the old document
- Updates to a trust or related estate-planning documents
- Changes to asset titles or beneficiary forms
Handwritten edits, crossed-out language, detached pages, or informal notes can create ambiguity and may fail to satisfy legal formalities. Do not mark the original document as a do-it-yourself update.
After signing a replacement, follow legal advice about retaining or destroying earlier versions. Keep the current original in a secure, accessible place and make sure the appropriate person knows how to locate it.
Your Will Does Not Control Every Asset
Many assets can pass outside a will. Common examples include:
- Retirement accounts with named beneficiaries
- Life insurance policies
- Payable-on-death bank accounts
- Transfer-on-death investment accounts
- Jointly owned property with survivorship rights
- Assets properly transferred to a living trust
The American Bar Association’s guidance on planning with retirement benefits notes that retirement-plan assets generally follow the plan’s beneficiary designation rather than the will. It recommends reviewing beneficiary designations at least annually and after major events such as divorce, remarriage, or a spouse’s death.
Compare the people named as primary and contingent beneficiaries with the instructions in your will. A coordinated review can identify conflicting names, missing backups, and outdated designations.
Documents to Review Alongside Your Will
A will is only one part of an estate plan. Consider reviewing:
- Revocable living trust
- Financial power of attorney
- Health-care power of attorney or proxy
- Living will or advance directive
- Retirement and insurance beneficiary forms
- Payable-on-death and transfer-on-death designations
- Real-estate deeds and ownership records
- Business succession documents
- Digital-asset instructions
- Funeral or burial preferences
A living will and an advance directive address medical decisions rather than distribution of property. The American Bar Association’s explanation of living wills and advance directives says that a living will records treatment preferences for specified medical circumstances. It should be reviewed as health conditions, relationships, and wishes change.
A Practical Will-Review Checklist
Use this checklist to prepare for a professional review:
- Locate the signed original and confirm that it is complete.
- List marriages, divorces, births, adoptions, and deaths since the last review.
- Confirm the executor, alternate executor, guardians, and trustees.
- Review each beneficiary and backup beneficiary.
- List major assets acquired or sold.
- Compare the will with retirement, insurance, POD, and TOD designations.
- Check how real estate and joint accounts are titled.
- Note a move to another state or property owned elsewhere.
- Review powers of attorney and health-care directives.
- Write down questions for a licensed estate-planning attorney.
Do not include account passwords or other sensitive credentials in a general checklist. Store digital-access instructions securely and separately.
Frequently Asked Questions
Should I update my will every year?
You do not necessarily need to rewrite it every year, but a brief annual review is useful. A more detailed legal review every three to five years is a practical general schedule, with an immediate review after a major change.
Does a will expire?
A valid will generally does not expire merely because time passes. However, an old document may no longer reflect your wishes, assets, family, or current law.
Do I need a new will after getting married?
Marriage should trigger an immediate review. Whether a new will is required depends on the existing document and the law of your state.
Should I update my will after divorce?
Yes. Review the will and all related documents and beneficiary forms. Do not assume that state law or the divorce automatically removes a former spouse from every role or asset.
Can I change my will by writing on it?
Writing on the document can create uncertainty and may not constitute a valid amendment. Use a method that complies with your state’s signing and witness requirements.
Is a codicil better than a new will?
A codicil may work for a limited change, while a new will may be clearer after multiple or substantial revisions. An attorney can recommend the more appropriate approach.
Does my will override my retirement-account beneficiary?
Usually, retirement assets follow the plan’s valid beneficiary designation rather than the will. Review the account form and plan rules directly.
Should I update my will when I move?
Yes. Ask an attorney licensed in the new state to review it, especially when you own real estate or your family and financial arrangements are complex.
The Bottom Line
Review your will every three to five years as a general practice, conduct a brief check annually, and do not wait after a major life event. Marriage, divorce, a new child, a death, a move, a change in fiduciaries, or a substantial financial change can make an earlier document outdated.
The goal is not constant rewriting. It is coordination. Your will, beneficiary forms, account ownership, trust, powers of attorney, and health-care documents should work together and reflect your current intentions.
Because estate and probate rules vary by state, have a qualified estate-planning attorney review changes before you sign, revoke, or replace a will.
This article provides general educational information and is not legal, tax, or financial advice. Estate-planning laws and individual circumstances vary. Consult a qualified attorney or tax professional in your jurisdiction before acting.
