Key Takeaways
- Review your estate plan every three to five years, even if nothing major has changed.
- Update right away after marriage, divorce, a birth or adoption, a death, a move to another state or a big change in your finances.
- Check beneficiary designations every time; they override your will and are the most commonly forgotten update.
- For bigger changes, make a new will instead of writing on the old one; handwritten edits can cause the will to be challenged or partly invalid.
- A codicil (a formal amendment) works for small changes, but it must be signed with the same formalities as a will.
Why documents go out of date
Your will and powers of attorney capture your decisions on the day you sign them. Over time, the people you named can move away, fall ill, lose touch or pass away. Your children grow up. Your assets change. A plan that was perfect ten years ago may now name the wrong executor, leave out a grandchild or give medical decisions to an ex-spouse.
When to update
| Trigger | What to check |
|---|---|
| Every 3 to 5 years | Everything: agents, beneficiaries, guardians and wishes |
| Marriage or a new partner | Will, beneficiaries, powers of attorney, HIPAA release |
| Divorce or separation | Remove an ex everywhere; see estate planning after divorce |
| Birth or adoption | Guardian nomination, will, life insurance, beneficiaries |
| Death of someone named | Replace executors, agents, guardians or beneficiaries |
| Move to another state | Confirm documents work under the new state’s rules |
| Major change in assets | Whether a trust or other tools now make sense |
| A child turns 18 | Your child needs their own documents; see turning 18 |
| New health diagnosis | Living will, health care agent, and decisions while you can still make them |
For milestone-by-milestone checklists, see life events that should trigger a legal checkup.
How to make changes the right way
- Don’t write on your signed will. Crossing out names or adding notes can raise questions about what you meant, and in some states can invalidate parts of the will.
- Small change? Use a codicil. A codicil is a short amendment signed with the same witness requirements as a will.
- Bigger change? Make a new will. A new will that says it revokes all earlier wills is usually cleaner than stacking amendments.
- Replace powers of attorney by signing new ones and formally revoking the old ones. See how to revoke a power of attorney.
- Update beneficiary forms directly with each insurer, retirement plan and bank. Your will can’t change them.
- Destroy old originals carefully once the new documents are signed, and tell your executor and agents.
Your review checklist
- Are my executor, trustee and agents still the right people, and still willing?
- Is my guardian for minor children still the best choice?
- Do my beneficiaries reflect my current family?
- Do my beneficiary designations match my will?
- Do my living will and health care wishes still reflect my values?
- Have I added new accounts, property or digital assets?
- Do I know where all the originals are? See where to keep your will.
Frequently asked questions
Review it every three to five years and after major life events like marriage, divorce, a birth or a death. You don’t have to change it every time, but you should look.
It’s not recommended. Handwritten changes to a signed will can be ignored, invalidate part of the will or lead to disputes. Use a codicil or a new will instead.
A codicil amends specific parts of your existing will. A new will replaces it entirely. For anything more than a small change, a new will is usually clearer.
In many states, divorce automatically revokes gifts to an ex-spouse in a will, and marriage can affect an existing will. These rules don’t always cover beneficiary forms, so update everything yourself.
A will that was valid where you signed it is usually honored, but it’s smart to review it, along with your powers of attorney and health care documents, after a move.
Keep reading
- How to Sign, Store and Update Your Legal DocumentsA will or power of attorney only works if it's signed correctly, kept where people can find it and kept current. Learn the rules for witnesses, notaries, storage and updates.
- Does a Will Need to Be Notarized?In most states a will doesn't need a notary to be valid, but notarizing a self-proving affidavit can speed up probate. Learn when a notary matters and when witnesses are enough.
- How Many Witnesses Do You Need for a Will?Most states require two adult witnesses for a will. Learn who can and can't be a witness, what witnesses actually do, and how to avoid mistakes that can invalidate a gift.
- Is a Handwritten Will Valid? Holographic Wills ExplainedAbout half of U.S. states accept handwritten (holographic) wills without witnesses. Learn the requirements, the risks, and why a witnessed will is usually the safer choice.
- What Is a Self-Proving Affidavit for a Will?A self-proving affidavit is a notarized statement signed with your will that lets the probate court accept it without contacting your witnesses. Here's how it works.
- Remote Online Notarization: Can You Notarize Documents Online?Most states now allow remote online notarization over live video. Learn how it works, which documents can be notarized online, and the extra rules for wills.
- Where to Keep Your Will and Estate Planning DocumentsYour original will needs to be safe and easy to find. Compare home safes, safe deposit boxes, attorneys and court filing, and learn where to keep powers of attorney and health documents.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.