Wills aren't meant to be created once and forgotten. Life changes—marriages, divorces, births, deaths, asset changes—may make your existing will outdated or even counterproductive. Regularly reviewing and updating your will ensures it continues to reflect your current wishes and circumstances.
Understanding when and how to change your will helps maintain an effective estate plan throughout your life.
When to Review Your Will
Review your will after any major life event. Marriage affects property rights and who you want to inherit. Some states automatically revoke pre-marriage wills or give spouses rights regardless of will terms. Update your will to address your new spouse.
Divorce doesn't always revoke gifts to ex-spouses. While many states void provisions for former spouses upon divorce, not all do—and divorce may not affect gifts to your ex's family members. Review and update after divorce.
Birth or adoption of children requires updates to include new family members. Dying without addressing a child born after your will may trigger intestacy rules for their share.
Other Triggers for Updates
Death of a named executor or beneficiary necessitates changes. If your alternate executor also cannot serve, you may need to name new fiduciaries. If a beneficiary dies, their share may not pass as you intend without updated provisions.
Significant asset changes—receiving an inheritance, selling a business, buying property—may require will adjustments. Estate tax planning may become relevant when asset values increase. Specific bequests may need revision when you no longer own the specified property.
Moving to a new state warrants review. While most states honor wills valid where executed, laws affecting administration, taxes, and specific provisions vary. A will drafted for one state may not be optimal in another.
Methods for Changing Your Will
Two proper methods exist for changing a will: executing a codicil or creating an entirely new will. A codicil is a formal amendment that modifies specific provisions while keeping the rest of the original will in effect.
Codicils must be executed with the same formalities as wills—signed, witnessed, and following state requirements. For substantial changes, creating a new will is often cleaner than multiple codicils.
A new will should explicitly revoke all prior wills and codicils. This prevents confusion about which provisions apply and ensures your latest intentions control entirely.
What Not to Do
Never alter your original will by crossing out provisions, writing in margins, or making handwritten changes. Such alterations may invalidate those provisions, may be ignored entirely, or could potentially invalidate the whole will.
Don't try to partially revoke by destroying part of the will. Tearing out pages or cutting off signatures creates problems rather than accomplishing partial revocation.
Don't create informal "amendments" that aren't executed with proper formalities. A note saying "I've changed my mind about giving my car to John" isn't legally effective even if signed and dated.
Revoking a Will
Revocation completely cancels your will. The most common method is executing a new will that expressly revokes prior wills. Even without express revocation, a new will that's completely inconsistent with the old one may impliedly revoke it.
Physical destruction with intent to revoke also works—burning, tearing, or shredding your will while intending to revoke it. But merely losing your will or storing it poorly isn't revocation without intent.
Some states allow revocation by written declaration—a signed, witnessed document stating you revoke your will. Check your state's accepted methods.
What Happens Without a Valid Will
If you revoke your will and don't create a new one, you die intestate. State intestacy laws determine who inherits—typically spouse, children, parents, siblings, in that order. This may not match your wishes.
Don't revoke your old will until your new will is properly executed. The gap between revocation and new execution leaves you without estate planning coverage.
Storing and Protecting Updates
Keep your current will in a safe, accessible location. Let your executor know where to find it. Store prior versions (marked "superseded") separately—they may be relevant if questions arise about your intentions over time.
After creating a new will, ensure old versions aren't mistaken for current ones. Marking them "revoked" or "superseded" with date prevents confusion.
Getting Legal Help
Estate planning attorneys help you determine whether changes require codicils or new wills, draft updates that accomplish your goals, and ensure proper execution. They identify implications you might miss—how one change affects other provisions, tax consequences of alterations, or coordination with non-probate assets. Regular reviews with an attorney keep your estate plan current and effective as your life evolves.