Update your estate plan when your life or finances change significantly, not on a calendar schedule
Your will, power of attorney, and healthcare directives were written for the life you had when you signed them. If that life has changed — a marriage, a divorce, a child born, a grandchild added, a major inheritance received, a business sold — your documents may no longer say what you actually want. The law does not automatically update them. You have to.
Some changes are obvious triggers: a death in the family, a move to a new state, a substantial shift in your assets. Others are quieter but just as important — a shift in who you trust, a change in your health, a falling-out with someone you named. This guide covers the main situations that warrant a review and what to do about them.
Key Takeaways
- Marriage, divorce, the birth of a child or grandchild, and major changes in your assets all require you to review and likely update your will and powers of attorney.
- A move to a new state may require new documents because state law governs how wills and healthcare directives are executed and interpreted.
- Changes in your health, your relationships, or your wishes about end-of-life care warrant updates to your healthcare directive and living will.
- You should review your entire estate plan every three to five years even if nothing major has changed, because tax law and state law shift over time.
- An attorney licensed in your current state should review any updates, because DIY changes or documents drafted in another state can create problems when the time comes.
Marriage and divorce
Marriage is one of the clearest reasons to update. If you marry and do not update your will, your new spouse may have legal rights to your estate even if your old will names someone else — but the exact outcome depends on your state's law and what your will says. Some states give a surviving spouse a share regardless. Others do not. The safest approach is to update your will, name your spouse in your powers of attorney if you want them to manage your affairs, and update your healthcare directive to reflect your wishes.
Divorce is equally important. In most states, a divorce automatically cancels any provisions in your will that name your ex-spouse, but it does not cancel a power of attorney or healthcare directive. If you divorce and do not update those documents, your ex could still have the legal authority to make medical decisions for you or manage your money. Update all three documents after a divorce is final.
Birth of a child or grandchild
If you have a child or grandchild born after your will was written, your will may not mention them at all. In some states, a child born after the will can claim a share of your estate even if you intended to leave them nothing. In others, they receive nothing. The law varies by state, so do not assume. Write or update your will to name any new children or grandchildren and state clearly what you want them to receive — whether that is a share, a specific gift, or nothing.
If you have minor children or grandchildren, your will should also name a guardian to raise them if both parents die, and a trustee to manage any money left to them until they reach adulthood. These decisions need to be in writing and reviewed periodically as the children grow and circumstances change.
A significant change in your assets
If you inherit money, sell a business, receive a large gift, or experience a major loss, your estate plan may no longer fit your situation. A will written when you had modest savings may not address what happens to a six-figure inheritance. A power of attorney that names one person to manage a small bank account may not work if you now own real estate, investment accounts, or a business. Review your documents and update them to reflect what you actually own and who you want to manage it.
The same applies if your assets shrink significantly. If you planned to leave substantial gifts to family members but your savings have declined, you may want to adjust those gifts or change your overall plan. An attorney can help you think through how to distribute what you have in a way that still reflects your values.
A move to a new state
State law governs how wills, powers of attorney, and healthcare directives are written and executed. A will that is valid in one state may not be valid in another if it does not meet that state's requirements. A healthcare directive written in one state may not be recognized by hospitals in another. If you move, have an attorney licensed in your new state review your documents and redraft them if necessary to comply with local law.
This is especially important if you own real estate in more than one state. Property in a state where you do not live may require a separate will or trust to avoid probate in that state. An attorney in your new state can advise you on whether your current plan covers all your property correctly.
Changes in your health or end-of-life wishes
Your healthcare directive and living will tell doctors what kind of medical care you want if you cannot speak for yourself. If your health has changed — a new diagnosis, a serious illness, an accident — your wishes about treatment may have changed too. Review these documents and update them to reflect what matters to you now. If you have strong feelings about life support, resuscitation, or palliative care, make sure your directive is clear and that the person you named to make decisions for you understands your values.
You should also update your healthcare directive if the person you named to make decisions is no longer someone you trust, has moved away, or has died. Name a successor in case your first choice cannot serve.
Changes in who you trust
Your will names an executor — the person who will settle your estate. Your power of attorney names an agent to manage your money and property. Your healthcare directive names someone to make medical decisions. If any of these people have had a falling-out with you, moved far away, become unreliable, or died, update your documents to name someone else. Do not leave a document in place that names someone you no longer trust just because it feels awkward to change it.
The same applies if the people you named have become unable to serve — if an executor has developed health problems, if an agent has moved overseas, if a healthcare proxy has become estranged. Review these choices every few years and update them if circumstances have shifted.
A regular review every three to five years
Even if nothing dramatic has happened, tax law and state law change. A strategy that made sense five years ago may no longer be the best approach. A tax law change might affect how much of your estate will go to taxes versus to your heirs. A state law change might affect how your will is interpreted or how your power of attorney works. Set a reminder to review your entire estate plan every three to five years with an attorney, even if you think nothing needs to change. Often something will.
Many people find it helpful to schedule this review around a milestone — a birthday, an anniversary, or the start of a new year. Putting it on a calendar makes it more likely to actually happen, rather than something you intend to do but never get around to.
How to update your documents
For small changes — correcting a name, updating an address, changing a beneficiary — you may be able to use a codicil, which is a separate document that amends your will. For larger changes, it is usually cleaner to redraft the entire document. Do not try to cross out or write in changes on your original will; those changes may not be valid, and they can create confusion about what you actually intended.
Work with an attorney licensed in your current state. An attorney can make sure your new documents comply with state law, that they work together as a set, and that they actually say what you mean. The cost of updating is usually far less than the cost of fixing problems after you die, when your family has to go to court to sort out what you wanted.
Frequently Asked Questions
Do I need to update my will if I get remarried?
Yes. A new marriage can change your legal rights and obligations, and your old will may not reflect who you want to inherit or who should manage your estate. Update your will, and also review your power of attorney and healthcare directive to make sure they still name the people you want.
What happens if I have a child after my will is written and I do not update it?
It depends on your state's law. Some states give a child born after the will a share of the estate even if the will does not mention them. Others do not. To be certain your wishes are followed, update your will to name any new children and state what you want them to receive.
Do I need new documents if I move to a different state?
Have an attorney in your new state review your current documents. Some documents may be valid in the new state; others may need to be redrafted to comply with local law. This is especially important for healthcare directives and powers of attorney, which vary significantly by state.
Can I update my will myself by crossing things out and writing in changes?
No. Handwritten changes to a will are often not valid, and they can create confusion about what you actually intended. Work with an attorney to prepare a new version or a formal amendment called a codicil.
How often should I review my estate plan?
Review it whenever a major life change occurs — marriage, divorce, birth, death, a move, or a significant change in your assets. Even if nothing major has happened, review your entire plan every three to five years, because tax law and state law change over time.