A will you wrote a decade ago may not reflect who you are today. People move, marriages happen, divorces are finalized, new children arrive, old friends pass away, and financial situations change dramatically. An outdated will can be nearly as problematic as no will at all — directing assets to the wrong people, naming an executor who's no longer able to serve, or failing to account for assets that didn't exist when the document was written.
When Should You Update Your Will?
Estate planning attorneys recommend reviewing your will every three to five years — and updating it after any of these life events:
- Marriage: In many states, marriage automatically revokes an existing will. Even where it doesn't, your new spouse likely needs to be included as a beneficiary.
- Divorce: Most states automatically revoke gifts and executor appointments in favor of a former spouse after divorce — but not in all states, and not necessarily for assets with separate beneficiary designations. Update your will (and all beneficiary designations) immediately after a divorce is final.
- Birth or adoption of a child: New children need to be included in your will and, if they're minors, you need to confirm or update your choice of guardian.
- Death of a beneficiary or executor: If someone you named dies, update your will to name their replacement.
- Significant change in assets: Acquiring real estate, starting a business, or receiving a large inheritance may require changes to how your estate is distributed.
- Moving to a different state: Wills are generally valid across state lines, but some states have specific requirements. Have your will reviewed by an attorney in your new state.
- Change in relationships: A falling-out with a named beneficiary or executor, or the development of a close relationship with someone not currently included.
How to Update a Will: Two Options
Option 1: A Codicil
A codicil is a formal amendment to an existing will. It must be executed with the same formalities as the original will (signed, witnessed, and possibly notarized). A codicil is appropriate for small, targeted changes — adding or removing a specific bequest, changing an executor, or updating a guardian.
The risk of multiple codicils is confusion — both for your family and potentially for the court. If you have several changes to make, a new will is cleaner.
Option 2: A New Will
For significant changes, the best approach is to draft an entirely new will that explicitly revokes all prior wills and codicils. This eliminates ambiguity and ensures there's one clear, current document governing your estate.
When you execute a new will, shred or otherwise destroy the old one (or all copies of it) to prevent confusion.
Don't Forget Beneficiary Designations
Updating your will doesn't automatically update your beneficiary designations — these are separate and equally important. Your beneficiary designations on retirement accounts, life insurance policies, and bank accounts override your will and pass assets directly to named beneficiaries. Review and update these alongside your will.
What About DIY Updates?
Making handwritten changes directly to a typed, signed will — crossing out names, writing in new ones — is not a valid way to update it and can invalidate the original document. Any updates must be made through a formal codicil or a new will.
For a full picture of estate planning, see our complete guide to wills and estate planning.