Planning for the future is one of the most meaningful ways to protect your loved ones and ensure that your personal and financial wishes are respected. Many people understand the importance of creating a will or estate plan, but once the documents are signed, they’re often filed away and forgotten. While having a will is certainly better than having none at all, an outdated estate plan can create just as many problems as not having one.
Why Keeping Your Will Up to Date Matters
Your will is meant to reflect your current wishes, not the way your life looked ten years ago. Yet many people never revisit their estate plan after it’s created. As life changes, so do your priorities, relationships, assets, and responsibilities.
Failing to keep your will current can result in:
- Unintended heirs receiving assets or decision-making power
- Excluded beneficiaries, like new children or grandchildren
- Outdated executors who may have passed away, become incapacitated, or are no longer willing or able to serve
- Assets left out entirely, particularly if you’ve acquired property or investments after your will was created
All of these scenarios can create confusion, delay, and frustration during the probate process—at a time when your loved ones are already grieving. In the worst cases, outdated wills can lead to family disputes or even litigation, especially if the estate is large or the distribution seems unfair.
How Updating Your Will Helps You Avoid Probate Issues
Probate is the legal process through which a deceased person’s estate is administered, and their assets are distributed. While not all probate is bad, it can become much more difficult if the will is outdated or unclear.
An up-to-date estate plan can make probate far more efficient and less stressful for your heirs. Here’s how:
- Clarity reduces conflict. A well-drafted, current will clearly outline your intentions, reducing the likelihood that family members will argue about who gets what.
- Executor readiness. If your named executor is no longer alive or capable, the court must appoint someone else, delaying the process. Keeping this appointment up to date prevents unnecessary court intervention.
- Proper asset distribution. As your financial picture changes over time, updating your estate plan ensures all your property is accounted for and directed where you want it to go.
- Avoiding intestacy. If your will is outdated to the point of irrelevance, the court may treat some parts of your estate as if you died without a will (intestate), which means state law determines who gets what—not you.
Keeping your estate documents current reduces administrative headaches, minimizes legal costs, and helps ensure your legacy is passed down according to your wishes.
Key Life Events That Should Trigger a Will Update
You don’t need to revise your will every year—but you should review it periodically and make changes after any major life event. Here are some of the most common events that signal it’s time for an update.
Marriage or Divorce
If you get married, your spouse may or may not automatically inherit your assets, depending on state law and how your documents are written. If you divorce, it’s especially important to remove your ex-spouse from your will and any other legal documents.
Birth or Adoption of a Child or Grandchild
Adding children or grandchildren to your estate plan ensures they are included in your legacy. You may also want to name guardians for minor children or set up trusts to manage their inheritance.
Death of a Beneficiary or Executor
If someone named in your will passes away—especially an executor, trustee, or major beneficiary—you’ll need to update your documents to reflect new decisions.
Acquiring or Selling Major Assets
If you’ve bought or sold a home, started a business, inherited wealth, or made other significant financial changes, your estate plan should reflect those assets.
Relocating to a Different State
Estate and probate laws vary from state to state. If you’ve moved, you should consult with a local estate planning attorney to ensure your will complies with your new state’s laws.
Health Issues or Aging Concerns
If you or a loved one has experienced serious health issues, it’s a good time to review not just your will, but your powers of attorney, healthcare directives, and other planning tools.
Go Beyond the Will: Update Other Estate Documents
Your will is just one piece of your estate planning puzzle. To avoid probate pitfalls and ensure your affairs are truly in order, you should also review and update these important documents.
Beneficiary Designations
Retirement accounts, life insurance policies, and some bank accounts pass directly to the beneficiary listed—not through your will. Make sure these designations match your overall estate plan.
Powers of Attorney
If you become incapacitated, someone needs to be able to make financial and medical decisions on your behalf. Durable power of attorney and healthcare directives are critical tools to have in place and keep current.
Trusts
If you’ve set up a trust to avoid probate or manage assets for children, make sure it still reflects your wishes and that all intended assets are properly titled in the trust’s name.
Advance Directives and Living Wills
These documents spell out your medical preferences in case you are unable to communicate them. Like your will, they should be reviewed regularly and updated as your views or circumstances change.
Regular Reviews Are A Smart Habit
Even if no major life event has occurred, it’s wise to review your estate plan every 3–5 years. Tax laws change, family dynamics shift, and your personal priorities may evolve over time. A quick check-in with your estate planning attorney can catch potential problems before they cause trouble. Keep a copy of your will and related documents in a safe but accessible place, and make sure your executor and trusted family members know where to find them. This simple step can save your loved ones from confusion and stress when the time comes.
Take Action to Protect Your Estate
Creating an estate plan is a powerful first step—but keeping it up to date is just as important. An outdated will can lead to probate delays, unintended consequences, and unnecessary expenses. Regularly reviewing your documents and making updates when needed ensures that your wishes are clear, your family is protected, and your legacy is preserved.
At Smith, Paulson, O’Donnell & Erickson, we help clients at all stages of life create and maintain effective estate plans. Whether you need to write your first will, update an old one, or build a more comprehensive plan with trusts and directives, our team is here to help.
Contact us today to schedule a consultation and take the next step in securing your estate—and your peace of mind.