I once sat with a client whose will was nearly a decade old. It was perfectly drafted at the time, naming his wife as the primary beneficiary and his brother as the executor. The problem? He had divorced five years ago, remarried, and had a child with his new wife. His old will, however, still reflected a life he no longer lived. While New York law can invalidate bequests to a former spouse upon divorce, the rest of the document—including the nomination of his now-estranged brother as executor—remained a potential source of conflict for the family he actually wanted to protect.
A will is not a static memorial. It is a living instrument of your stewardship, designed to function in the world as it is when you are no longer here. When life changes, the plan must be revisited. Otherwise, you are leaving your family with an outdated map and letting a Surrogate’s Court judge make the final call.
When Life Outpaces Your Legacy Plan
Many people believe that once a will is signed and witnessed, the work is done. But a will that was prudent and intentional a decade ago can become a significant liability. The most common triggers for a will review are not legal technicalities—they are the milestones of a normal life.
The birth or adoption of a child is a primary example. While the law offers some protection for children born after a will is executed—known as “after-born” children—relying on these default statutes is never the prudent path. An intentional plan names a guardian you choose, not one the court appoints. It establishes trusts for a minor’s inheritance, providing responsible stewardship until they reach maturity. A divorce, a marriage, or the death of a named beneficiary or executor are other critical moments. Each event shifts the foundation upon which your original plan was built.
Significant financial changes also demand a fresh look. Perhaps you sold the family business in Manhattan that was a cornerstone of your will, or inherited property that is not accounted for in your plan. These are not minor updates. They change the very nature of the assets your executor will be tasked with managing and distributing.
The Mechanics of an Update: Codicil vs. New Will
When a change is needed, we have two primary tools in New York: a codicil or an entirely new will. A codicil is a separate document that amends, modifies, or adds to an existing will. It is best used for minor, isolated changes—for instance, changing your choice of executor from one sibling to another.
A codicil, however, must be executed with the exact same formalities as a will. Under New York’s Estates, Powers and Trusts Law (EPTL) § 3-2.1, this means it must be in writing, signed by you at the end, and witnessed by at least two people who also sign their names. Because it is a separate document, it can get lost or create confusion during probate. For this reason, I often find that executing a new will is the cleaner, more prudent path, especially if the changes are substantial.
Drafting a new will revokes all prior wills and codicils, creating a single, clear, and current statement of your wishes. It leaves no room for ambiguity and prevents the risk of an old document resurfacing to complicate the probate process. If you have gone through a divorce, had more children, or fundamentally altered your financial picture, a new will is almost always the right approach. It ensures your final instructions are clear and consolidated.
A Matter of Prudent Review
How often should you review your will? There is no magic number, but a periodic review every three to five years is a good practice. This is not about constantly rewriting your documents. It is about a deliberate check-in to confirm that your will still aligns with your life, your assets, and your family relationships.
Think of it as a conversation. The first question is simple: does this document still protect the people I intend to protect? If the answer is anything but a clear “yes,” it is time to act. A will is one of the most powerful acts of stewardship a person can undertake. Leaving it to chance—or to an outdated document—is a risk your family should not have to bear.
If your will is more than a few years old or you have experienced a significant life event since it was signed, the next step is a formal review. Schedule a consultation where we can read through your existing will together, discuss what has changed in your life, and determine if your documents still serve their intended purpose.
