When to Update Your Will
A will reflects the moment you signed it. It does not update itself when your life changes. Here's when to act, how to revoke, and what happens if you don't.
A will reflects the moment you signed it. It does not update itself when your life changes. Here's when to act, how to revoke, and what happens if you don't.
A will reflects the moment you signed it. It does not update itself when your life changes. Here's when to act, how to revoke, and what happens if you don't.
A last will is a point-in-time document. It captures your wishes on the day you sign it — who inherits, who serves as executor, who raises your children. But life moves on. Marriages, divorces, new children, deaths, relocations, and changes in assets can all make a will inaccurate. When that happens, the will does not adapt. It says what it said when you signed it.
Unlike a revocable trust, which can be amended with a targeted change, the standard practice for updating a will is to execute a new one. Codicils — separate documents that modify specific provisions — exist but are largely a relic of the pre-digital era. A new will is cleaner, avoids ambiguity, and includes a revocation clause that supersedes all prior versions.
A codicil is a separate legal document that modifies specific provisions of an existing will. It was the standard approach when wills were drafted by hand or on a typewriter and reproducing the entire document was expensive. Today, generating a new will takes minutes.
Codicils create practical problems. The probate court must read the original will and every codicil together to understand the testator's intent. If a codicil contradicts the will — or contradicts an earlier codicil — the result is ambiguity and potential litigation. A codicil must also meet the same execution requirements as the original will: same number of witnesses, same notarization rules, same signing formalities.
A new will avoids all of this. It is self-contained, includes a revocation clause (“I revoke all prior wills and codicils”), and gives the probate court a single document to enforce. Create a new will when your circumstances change.
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Each of these events can make your current will inaccurate, incomplete, or contrary to your actual intentions. Some trigger automatic changes under state law; others require you to act.
Some states automatically revoke an existing will upon marriage. Others do not. In states that do not, your new spouse may still be entitled to an elective share of your estate — overriding parts of your will — but the rest of your will remains in effect as written. Executing a new will after marriage eliminates any ambiguity about your intentions.
Most states automatically revoke provisions in your will that benefit an ex-spouse once the divorce is final. However, this varies — some states revoke only upon final decree, not during separation, and some do not revoke provisions benefiting your ex-spouse’s relatives. A new will after divorce is the cleanest path.
If a child is born or adopted after your will is signed and is not mentioned in the will, most states have “pretermitted heir” statutes that give the child a share of the estate — but the share is determined by state formula, not by your choice. A new will lets you decide exactly what each child receives.
If your named executor or guardian for minor children dies before you, the court appoints a replacement. That replacement is chosen by a judge, not by you. Updating your will to name a new executor or guardian keeps that decision in your hands.
A will executed in one state is generally valid in another, but states differ on execution requirements, community property rules, and spousal protections. Moving from a common law state to a community property state (or vice versa) can change how your assets are classified and what your will controls.
A will that divides assets by specific dollar amounts or named accounts can become meaningless if those accounts no longer exist or have changed substantially. A will that says “$50,000 to each child” when you had $200,000 means something very different if your estate is now $2 million — or $50,000.
A will executed in one state is generally recognized in another if it met the signing requirements of the state where it was signed. But execution rules differ — some states require notarization, others do not, and witness requirements vary. Check whether your will transfers cleanly.
Select where your document was signed and where you need it recognized.
This tool provides general information about interstate document recognition. Laws vary by state and circumstance. Consult a licensed attorney for advice specific to your situation.
There are three recognized methods for revoking a will. The first is the most common and the most reliable.
The most reliable method. A new will includes a revocation clause (“I revoke all prior wills and codicils”) that supersedes every previous version. The new will must meet your state’s execution requirements to be valid.
Tearing, burning, or shredding the will with the intent to revoke it. The intent matters — accidental destruction does not constitute revocation. Some states require the testator to personally destroy the will; others allow a third party to do so at the testator’s direction and in their presence.
Certain life events trigger automatic revocation under state statute. Marriage revokes a prior will in some states. Divorce revokes provisions benefiting the ex-spouse in most states. These rules vary significantly — relying on automatic revocation without confirming your state’s rules is a risk.
An outdated will is still valid — the probate court enforces the document it has, not the one you meant to create. A will that names a deceased executor forces the court to appoint a replacement. A will that leaves assets to an ex-spouse may or may not be corrected by state revocation statutes, depending on your state. A will that does not mention a child born after it was signed triggers pretermitted heir rules — the child receives a share determined by statute, not by you.
Equally important: your will only controls probate assets. Retirement accounts, life insurance, and bank accounts with payable-on-death designations pass to whoever is named on the beneficiary form — regardless of what your will says. Updating your will without also reviewing your beneficiary designations leaves half the picture unaddressed.
A codicil is a separate legal document that modifies specific provisions of an existing will without replacing the entire document. It must be signed and witnessed with the same formalities as the original will. Codicils were common before word processing made it easy to produce a new will, and are now largely considered an outdated practice.
In nearly all cases, executing a new will is the better approach. A new will is cleaner, self-contained, and avoids the confusion of reading multiple documents together. Codicils must meet the same execution requirements as a will (witnesses, notarization where required), so there is no practical shortcut. A new will also includes a revocation clause that supersedes all prior versions.
In most states, divorce automatically revokes the provisions in your will that benefit your ex-spouse — but not the entire will. The rest of the will remains in effect. However, this varies by state, and some states only revoke spousal provisions upon a final decree, not a separation. Executing a new will after divorce eliminates any ambiguity.
There are three ways: executing a new will with a revocation clause (the most common and reliable method), physically destroying the will with the intent to revoke it (tearing, burning, or shredding), or revocation by operation of law (certain life events like marriage or divorce that trigger automatic revocation under state statute).
The outdated will is still valid and goes through probate as written. The court enforces the document it has — not the one you intended to create. This can mean assets going to an ex-spouse, a deceased executor requiring court appointment of a replacement, or children born after the will was signed receiving a share under pretermitted heir statutes rather than the share you would have chosen.