When to Update Your Will: Life Events That Should Trigger a Review
Basics · 6 min read · Updated September 16, 2026
A will does not expire, but it goes stale. Marriage, divorce, the birth or adoption of a child, the death of a beneficiary or executor, a move to another state, and a significant change in assets are the events that most often make an existing will inaccurate or, in some cases, partly revoked by operation of law. Many people also find it useful to reread their will every three to five years even when nothing obvious has happened.
Why a will needs maintenance
A will describes a family and an estate as they existed on the day it was signed. Names, relationships, and assets change. Some changes have automatic legal consequences that may or may not match what the person wants. Others simply leave the will pointing at people who are gone or property that no longer exists. Either way, the executor and the court are left to sort out the gap, and the state’s default rules may fill it in ways the person never intended.
Reviewing does not always mean changing. Often the answer is “still accurate.” The review is what matters.
Events that call for a review
Marriage
In many states, marriage after signing a will gives the new spouse a share of the estate regardless of what the will says, on the theory that the testator would have provided for them. In a few states, marriage revokes the will entirely. Either way, a will that predates a marriage needs a fresh look.
Divorce or separation
Most states automatically revoke provisions in favor of a former spouse once a divorce is final, including gifts and the spouse’s appointment as executor. But “most” is not “all,” the rules do not apply during a separation before the decree, and they do not reach every asset. Beneficiary designations on retirement accounts and life insurance are governed by different rules and often are not revoked. A divorce is a reason to sign a new will and update every designation. See Does a Beneficiary Designation Override a Will?.
Birth or adoption of a child
A will that names children individually needs updating to include a new child. Wills that refer to “my children” as a class usually cover later-born children automatically, and most states have “pretermitted child” rules giving an omitted child a share, but relying on those rules is a poor substitute for a will that names the child and a guardian.
A child reaches adulthood
Guardian nominations become moot. A trust that holds funds until 21 may no longer make sense for a 30-year-old, or it may make more sense than ever. The child may also now be a candidate for executor.
Death of a beneficiary, executor, or guardian
If a beneficiary dies, the gift may pass to their descendants, to an alternate, or fail entirely, depending on the will’s wording and state law. If the executor or guardian dies and no alternate is named, the court chooses. Any death among the people named in a will is a reason to update.
A change in relationships
A falling-out with a named executor, an estrangement from a child, a new partner without marriage, a stepchild who has become family in all but law: none of these change the will automatically. Unmarried partners and stepchildren receive nothing under intestacy and nothing under a will that does not name them.
Moving to another state
A will validly signed in one state is generally valid in another. But the new state may have different rules on spousal shares, community property, witness requirements for the self-proving affidavit, executor residency, and no-contest clauses. The move is a good time to generate a new will under the new state’s configuration. Community property states in particular treat marital assets differently. See /wills/ for state-by-state differences.
Significant change in assets
Buying or selling a home, inheriting money, starting or selling a business, or a large change in net worth can make specific gifts disproportionate (“my $10,000 savings account to my niece” when the account now holds $200,000, or nothing) and can push an estate into territory where tax planning or a trust is worth considering. A specific gift of property no longer owned at death simply fails, in most states with nothing substituted.
Acquiring property in another state
Real estate in a second state means a second probate under a will alone. This is one of the clearest cases where a living trust earns its cost. See Will vs. Living Trust.
Health changes
A serious diagnosis, for the testator or a beneficiary, can change priorities. A beneficiary who begins receiving means-tested disability benefits may need a special needs trust rather than an outright gift, since a direct inheritance can disqualify them from benefits.
Changes in the law
Estate tax exemptions, state inheritance taxes, and probate procedures change. Most people are not affected by estate tax at all, but people near the thresholds benefit from a periodic check.
Time-based reviews
Beyond events, a periodic review catches the slow drift: the executor who has aged, the guardian whose life has changed, the charity that no longer exists, the specific gift that no longer fits. Every three to five years is a common interval. The dashboard on this site includes an annual review date and sends a reminder when it arrives, which is a simple way to make the habit stick.
How to make changes
A new will. The cleanest method. The new will states that it revokes all prior wills, and the old one is destroyed once the new one is signed and witnessed. This avoids any question about which document controls.
A codicil. A short amendment that changes specific provisions and leaves the rest intact. It must be signed with the same formalities as a will: witnesses, and ideally a self-proving affidavit. Codicils are convenient for small changes but create risk. Two or three codicils layered on a will can produce contradictions, and a codicil that is lost while the will survives leaves the estate governed by the wrong instructions. With a tool that regenerates the full will in minutes, a codicil rarely makes sense.
Handwritten changes on the original. Not recommended. Crossing out a name or writing in a new amount without witnesses is ineffective in most states and can raise questions about the whole document.
Every regeneration on this site creates a new version while preserving the old one, so the history is available, but only the most recently signed original governs.
Beyond the will
A will review is a natural time to also check the durable power of attorney, healthcare directive, beneficiary designations, and the estate inventory. Powers of attorney in particular benefit from being refreshed, since some institutions hesitate to accept older documents.
Frequently asked questions
Does a will expire after a certain number of years?
No. A validly signed will remains in effect until it is revoked or replaced. It can, however, become outdated as circumstances change, and some life events like marriage or divorce can alter its effect by operation of law.
Does divorce automatically change a will?
In most states, a final divorce revokes provisions in favor of the former spouse, but the rules vary and do not apply during separation. Beneficiary designations on retirement accounts and life insurance often are not affected. Signing a new will and updating every designation after a divorce is widely considered the safe course.
Is it better to sign a codicil or a new will?
For small changes a codicil is legal, but it must be signed with full formalities and can create confusion if multiple codicils accumulate. Many people find that signing a fresh will is simpler and less error-prone.
What happens to a will after moving to another state?
A will validly signed in one state is generally recognized in another, but rules on spousal shares, witnesses, and executors differ. Many people choose to sign a new will under the new state’s rules after a move.
Ready to make your will?
The questionnaire at /start saves answers so a will can be regenerated in minutes after any life event, and the dashboard tracks an annual review date. Rules on marriage, divorce, and moves differ from state to state; see the guide for a specific state at /wills/, and have each new version reviewed by a licensed attorney before signing.
This article is general information, not legal advice. Laws vary by state and change. Confirm anything that matters to you with a licensed attorney in your state.