Creating a will is one of the most sobering tasks of responsible adulthood. No one exactly enjoys it, although it is certainly a kind of privilege to guide the distribution of all the assets you have worked for and see after those who matter most in your life. While many people can make themselves draft a will for the first time, it is very difficult to rally oneself to revisit it intermittently. Wouldn’t it be easier if you had rules for when to go to your lawyer and double-check the provisions against changing life circumstances? Otherwise, you risk having a will that was essentially frozen in time applied to whatever new circumstances exist upon your passing. Here are three simple prompts that should make you revisit your will.
You undergo a major life change
The big touchstone events in life also change the priorities of your will. When you get married, the issue of a will is first broached; however, divorce and remarriage equally warrant a revised will. Some families have generations-long disputes among half-siblings because of surviving parents’ alleged favoritism toward their own flesh and blood.
If you have begun seeing someone, and the relationship is getting serious—for instance, they have moved in—you may want to add them to the will in some way. Further down the line, if you have a new child or stepchild, that may warrant some serious thinking and rearranging in regard to other heirs, trustworthy executors, and trust arrangements to protect assets in keeping with your wishes.
Spiritual or ideological changes can also impact your will. If you, for instance, converted to Judaism or changed Christian denominations, you may also change how much you leave those institutions. People often change their opinions of hospitals, colleges, or nonprofits that might have seemed worthy places for donations in the past.
Finally, new business ventures and asset types may raise complicated inheritance issues. When the value of your assets takes on a new form, the will has to be very specific about the means of distribution.
People Close to You Undergo a Major Change
One of the difficult things about maintaining a will is making sure other variables don’t interfere with your hoped-for outcomes. People change, and your will is often a response to that. Some people for whom your will once provided may now be so well off that they don’t need your assets. If your niece hit it big in cryptocurrency, she may not need the trust you set up for her or her children. All changes aren’t so positive. If your ex-wife has remarried and undergone some dark personality changes, you may want to cut her out of the will; however, if you have children with her, you may want to give them assets directly.
The executor of your will has the broad legal discretion to see to your estate. If the executor has moved or you have lost touch, it may be time to choose a new one who understands your intentions. Your final estate can languish for years if your executor is not dependable or knowledgeable.
Children and heirs can undergo many changes that affect the wording of the will. Squabbles over shared assets often begin before the funeral. If your heirs are disagreeable or have become so, you may choose not to force them to cooperate. Heirs may develop disabilities or addictions that make you rethink how to leave them assets in the best way for their situation. Of course, the people those heirs choose to bring close to themselves can complicate the picture as well. Many wills are careful to protect money from ex-spouses of heirs, while also ensuring assets in the forms of trusts can give future generations a head start.
Your Legal Context Changes
The legal context of your will can change with the passage of any new estate tax law. In December 2017, the “Tax Cuts and Jobs Act” increased the tax-shielded inheritance amount from $5.5. Million to $11.4 million per person. This dramatic shift could have changed the way assets were passed down in your will. In 2025, this act could expire, in which case more planning would be necessary.
If you move or your state makes dramatic changes in property law, it could affect the validity of your will. If you are moving from common law to a community property state, you may not have the discretion that you did previously. The property in that state may be set to go to your spouse.
Some people tend to see a will as something you take a deep breath for and then lock away forever. In reality, many life events necessitate revisiting your will to make sure it reflects your most recent wishes. If it has been 3-5 years and none of the above has occurred, it is good practice to review your will, as small, meaningful details may have escaped your attention. It’s not always fun to revisit your will, but it is a source of peace and hope for those who have worked hard to guide loved ones toward a better future. Revising a will can be very simple with the help of an estate planning attorney. You should focus only on your wishes and let your attorney judge how to best manifest them. Contact us to learn how we can help you revise your will and estate plan.
