The Importance of Regularly Updating Your Will

Creating a will is a smart and necessary step in protecting your loved ones and ensuring your wishes are followed after you’re gone. But drafting a will isn’t a one-time task. Life moves forward. Families change. So do laws. If you haven’t looked at your will in several years, there’s a good chance it no longer reflects your current situation.

In New York, estate planning laws and personal circumstances can shift in ways that affect how your will functions. Regularly reviewing and updating your will ensures it remains legally sound and continues to meet your goals.

Life Changes That May Require a Will Update

You don’t need to rewrite your will every year. But certain events should trigger a closer look. If any of the following apply, it’s time to consider updating your documents:

Marriage or divorce – Getting married or ending a marriage significantly impacts your estate. In New York, a spouse has certain inheritance rights, even if they’re not listed in your will. A divorce may automatically revoke provisions related to your former spouse, but not always in the way you’d expect.
Birth or adoption of a child – Welcoming a new child into your family is a strong reason to update your will. You may want to name a guardian, create a trust, or adjust the way assets are divided.
A death in the family – If someone named in your will has passed away, whether a beneficiary or an executor, you’ll need to make changes to avoid confusion later.
Major changes in your finances – Whether you receive an inheritance, sell a business, or acquire real estate, significant financial changes often affect how your estate should be divided.
Relocation to or from New York – Each state has its own estate laws. Moving into or out of New York could create conflicts in how your will is interpreted or enforced.
A falling-out or reconciliation – Relationships evolve. If you no longer want someone to receive part of your estate—or if you’ve reconciled and want to include them—you’ll need to reflect that change in writing.

The Legal Risk of Letting a Will Go Out of Date

Letting your will become outdated doesn’t just risk minor inconveniences. It can open the door to legal challenges, disputes among heirs, and outcomes that don’t match your true wishes.

An old will might:

Leave out new family members you would have wanted to include
Name someone who is no longer able or willing to serve as executor
Give assets to someone you’re no longer close with
Fail to account for new laws, taxes, or probate rules

In New York, courts try to honor the intent behind a will, but they can’t guess what you would have done differently. If your estate plan doesn’t reflect your current situation, the result can be delays, added costs, or strained family relationships.

How Often Should You Review Your Will

As a general rule, it’s a good idea to review your will every three to five years. That doesn’t mean you need to make changes each time. But reviewing your documents with a lawyer can help identify outdated language, changes in tax laws, or gaps in coverage.

You should also revisit your will after any major life event. Even if it seems like a minor adjustment—like changing an executor or adding a new beneficiary—it’s worth the time to update your estate plan to reflect your current wishes.

What an Update to Your Will Involves

Updating your will doesn’t mean starting over from scratch. In many cases, you can make minor changes through a legal document called a codicil. This is an amendment that becomes part of your will and is executed with the same formalities as the original.

However, if you need to make more than a few changes—or if your current will is more than a decade old—it’s often easier and safer to create a new will. Your estate planning attorney can help you decide which option makes the most sense based on your circumstances.

If you do replace your will, make sure you revoke the old one in writing and destroy all previous copies to avoid confusion later.

Why Working with a Lawyer Matters

There are countless online tools that promise to make estate planning easy. While they may be convenient, they often fall short when it comes to addressing the unique needs of New York residents. Estate laws vary by state, and errors in your will—no matter how small—can have lasting consequences.

An experienced estate planning attorney can help you:

Understand the legal impact of your decisions
Make sure your updates meet all legal requirements
Ensure your will fits with the rest of your estate plan
Anticipate possible disputes and plan around them

More importantly, a lawyer can give you peace of mind. You’ll know your plan is legally valid and built to hold up over time.

Conclusion

An outdated will can create confusion at the worst possible time. It’s one of the most avoidable problems in estate planning. Taking the time to review and update your will can spare your loved ones from stress and ensure your wishes are respected when it matters most.

If you live in New York and haven’t looked at your will in several years—or if your life has changed recently—our estate planning team is here to help. We’ll walk you through your current plan, answer your questions, and help you make any necessary updates with clarity and confidence. Reach out today to schedule a consultation. Your future deserves a plan that’s built to last.