You’ve worked hard to build your legacy and protect it with your first Will. Does that mean you can toss it into your dusty file folders and never look at it again? Definitely not. Many people create a Will once and assume it’s done.
A common mistake in estate planning is creating a Will and failing to update it when life circumstances change. If you don't update your Will, it could leave your loved ones in complicated situations, causing legal hassles.
Life is constantly changing, and your Will should reflect those changes. While there are obvious circumstances where you may need to update your Will, other times are not so obvious but are just as important.
The following are five reasons to update your Will throughout the years:
1. Changes in estate and tax laws
Changes in estate and tax laws can impact your estate planning. For example, federal estate tax exemption amounts can change. In the U.S., tax law changes in 2025 raised and made permanent the amount someone can leave before the federal estate tax applies.
Gift tax exemptions can also be updated. Laws sometimes adjust how much you can give in your lifetime or to grandchildren without tax consequences. This could affect your overall estate strategy and what you include in your Will.
Consulting with a lawyer experienced in estate planning can help you adjust your Will and estate planning as needed. It's worth mentioning that someone acting under a Power of Attorney (POA) cannot change the content of your Will, but they may be able to change beneficiary forms and accounts. It is important to discuss your POA as it works in conjunction with your other estate plan documents.
2. You need to add or remove beneficiaries
There are a few situations in which you would need to add or remove beneficiaries:
When you have kids: One of the biggest reasons to have a Will in the first place is to name a legal guardian for your minor children if you were to pass away. Without selecting a legal guardian for your kids, you have no input into who will care for them if you pass away. Then your state’s court system will make this decision. As you plan for a new family member, make sure you add them to your Will.
When someone passes away: If someone you named in your Will passes away (an executor, a legal guardian, or a beneficiary), you need to make updates to ensure your wishes are still carried out. If you die without making these corrections, then your state court system chooses a replacement.
When you decide to remove someone from your Will for any reason: This one is self-explanatory; just ensure you make the corrections in your Will.
3. You’ve recently moved out of state
Relocating your residence to another state is a major reason to update your Will because state planning laws differ from state to state. Once you move, consult with a lawyer in your new state who is experienced in estate planning to adapt your Will to the required state laws. Your POA and other estate planning documents might also need to be updated.
Also, think about how life shifts when you move and how it impacts your family. Let’s say you moved from Kansas to California, and you designated your sister as a legal guardian for your child because she also lived in the same neighborhood. You could update it to be someone in California, so your child doesn’t have to go through additional changes like moving to another state, changing schools, etc.
4. Family circumstances change
There are a few family circumstances that require a review of your Will, including your own personal circumstances, such as health or marriage.
When someone in your Will gets married or divorced: This also includes when you get married or divorced. If your marital status or relationships change, consider seeking advice from a lawyer with experience in estate planning or divorce.
If you choose a couple to be legal guardians of your children and they get divorced, you still may want to update your Will. You need to consider possible issues when you name two people to serve together. You should make your wishes clear and may need alternate provisions.
When your family grows older: When your children are no longer minors (in most states, that age is 18) or their circumstances change, you should adjust your Will to reflect their age and the age at which they should receive your assets.
Or maybe, as they get older, you realize that the family ring you had declared to give to your niece should now go to your daughter. If you know you want certain assets to pass to a specific person, instructions like these examples are important to correct.
If your health status changes: If you are undergoing treatments for an illness, you may need to update your estate planning, including documents related to medical decisions and life-sustaining treatment. You may want to create documents such as a Living Will or Medical Directive, where you assign a person to make decisions for you if you’re unable.
Consult with a lawyer about how to declare these wishes and check if there are any other adjustments needed because of your condition.
5. Your financial situation changes
If you change or lose a job, you might take another look at your Will. You may gain or lose life insurance, retirement accounts, or stock options, and those assets may not be covered the same way as personal property. In this case, reviewing your Will after a job change helps ensure your plan still reflects what you own and who you want to benefit.
Or maybe you’ve acquired more wealth over the years and need to make adjustments. If you acquire new assets — real estate, a car, or a piece of art — you want to make specific provisions (instructions).
Periodic reviews: Since our life situations are prone to change inevitably — either our relationships, circumstances, or the law — it’s essential to have your Will and other estate planning documents periodically reviewed.
In summary, as your family, finances, and circumstances change, reviewing and updating your Will over time helps you avoid complications as your life changes and ensures your loved ones are protected.
Unsure whether your Will still reflects your current situation? LegalShield connects you with experienced provider lawyers who can help you create and update your Will and other estate planning documents without the high upfront legal costs.
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