How To Update Your Will And When You Should Make Changes To Your Will

Welcome to WPH Law's guide on updating your will and tips on keeping your documents up-to-date to protect and ensure your wishes are carried out as you have planned. This guide will walk you through the steps necessary for updating your will, and share examples of when you should update your will throughout your life.  Stay informed and secure your legacy with expert advice from WPH Law.

Understanding how to change a will is important for anyone with an existing estate plan. There are a few ways you can change your will, and an attorney can help ensure that you understand the legal considerations. The most common way to update your will is by creating a codicil. A codicil is a supplemental document that outlines specific changes to your will without requiring you to draft an entirely new document. This is often the preferred method when you only need to make minor changes, such as updating the names of beneficiaries or revising the terms of a specific bequest.

Review your estate plan thoroughly before making any changes to your will.  Begin by gathering all pertinent information about your real estate, other assets, and a complete list of beneficiaries. Then, request a consultation with your lawyer to update your will. Updating your will with the assistance of your lawyer will ensure your document complies with state laws. Laws governing wills and probate can differ significantly across states, so professional legal advice ensures your will is legally binding.

Your attorney may recommend that you create an entirely new will if you’re considering significant changes, such as changing who inherits certain assets or your named beneficiaries (especially after major life events, such as marriage, divorce, the birth of a child, or the death of a loved one).  These events often necessitate changes to your estate plan to ensure that the distribution of your assets aligns with your current wishes. Updating your will in response to these changes helps to ensure that your estate plan remains relevant and effective. Refer to the table below for more examples of life events that could require an update to your will.

If you have a new will drafted, be sure your attorney adds a clear statement that explicitly revokes all previous wills to help avoid confusion or conflicts during the probate process.

Any changes to your will should be clearly documented. Using unclear language in your will could lead to disagreements among your beneficiaries if your intent isn't absolutely clear. When updating your will, outline each change to eliminate any confusion. For example, your will should use plain language that clearly states exactly what your wishes and intentions. Your lawyer will review your updated document to ensure it accurately reflects your wishes and meets all legal criteria.

Understanding how to change your will and recognizing when updates are necessary are key to ongoing estate planning. Whether you opt for a codicil or decide to draft a new document, your lawyer's expert guidance will ensure you will comply with the law. At WPH Law, we specialize in helping clients navigate the complexities of estate planning and ensuring your final wishes are documented precisely as intended.

For more detailed information on updating a will, and to discuss your unique circumstances, don't hesitate to contact our office and speak with an experienced estate planning lawyer today.

Keeping your will up to date is essential to ensure that your wishes are accurately reflected and legally binding. Major life events, such as marriage or divorce, necessitate revisiting your will to update beneficiaries and asset distribution. The birth or adoption of a child is another critical moment to add new family members to ensure they are provided for. If a beneficiary passes away, you will need to adjust the distribution of their share accordingly. Significant financial changes, whether an increase or decrease in assets, may also require updates to how your estate is divided.

Changes in relationships, such as shifts in friendships or family dynamics, can impact your will's provisions. Relocating to a different state or country can introduce different inheritance laws that might affect your estate planning. It's also important to consider changes in tax laws to maximize the estate's value for your beneficiaries. Additionally, if your designated executor becomes unsuitable, you will need to appoint a new one. Lastly, significant health changes may prompt a reassessment of your will and your end-of-life care wishes. Regularly reviewing and updating your will in light of these factors can provide peace of mind that your intentions will be honored.

While DIY wills may seem cost-effective and convenient, their risks far outweigh the potential benefits. Legal requirements, the risk of errors, and the complicated steps of estate planning are significant factors that make professional legal assistance crucial. At WPH Law, we strongly recommend consulting with an experienced estate planning lawyer to ensure that your will is valid, comprehensive, and accurately reflects your wishes.

Contact us today for a free, no-obligation consultation by submitting a form online or calling our office.