A client came to my office last month, recently divorced. His will, drafted a decade ago when he lived in Brooklyn, still named his ex-wife as his executor and primary beneficiary. He assumed the divorce decree automatically invalidated those provisions. He was wrong. While a divorce can revoke dispositions to a former spouse under New York law, relying on that is a poor substitute for intentional planning. His situation is common—a major life change occurs, but the documents that govern a family’s future are left untouched.
A will is not a monument you build once and forget. It must evolve as your life does. Viewing it as a tool of stewardship helps. You are the custodian of your family’s legacy, and your will is the primary instruction manual you leave for them. An outdated manual can create confusion, conflict, and consequences you never intended.
Life Events That Demand a Will Review
While I advise clients to review their will every three to five years, certain life events should trigger an immediate update. These are the moments when the gap between your old intentions and your current reality can widen dramatically.
The most common triggers I see in my practice include:
- Changes in Marital Status: Marriage, divorce, or the death of a spouse are the most significant reasons to update a will. A marriage gives your new spouse significant rights, and a divorce requires a deliberate update to name new beneficiaries and fiduciaries.
- Birth or Adoption of Children: The arrival of a new child or grandchild necessitates changes. You must decide how they will be provided for and, critically, who you would nominate as their guardian.
- Significant Financial Changes: A major inheritance, the sale of a business, or a substantial change in asset value can alter the structure of your estate. Your previous distribution plan may no longer be equitable or prudent.
- Changes in Key People: If your named executor, trustee, or a major beneficiary dies or becomes incapacitated, you must name a successor. Failing to do so leaves the decision to the Surrogate’s Court, which may not choose the person you would have.
- Relocation: Moving to another state has legal implications, as estate laws vary. While a will validly executed in New York is generally valid elsewhere, a review with local counsel is a prudent step.
Ignoring these events means you are planning based on a life you no longer lead. That is not stewardship. It is a contingency left to chance.
The Mechanics of Changing Your Will
When it is time to make a change, you have two options under New York law: executing a codicil or drafting an entirely new will.
A codicil is a separate legal document that amends or adds to an existing will. It is best for minor, straightforward changes—for example, changing your named executor from a brother to a sister. For a codicil to be valid, it must be executed with the same legal 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.
For anything more substantial—like changing primary beneficiaries or altering the entire structure of your bequests—I almost always advise drafting a new will. A new will revokes all prior wills and codicils, providing a clean, unambiguous statement of your final wishes. It prevents the confusion that can arise from having multiple documents that must be read together. A new will ensures clarity and reduces the risk of a will contest.
Attempting to change a will by hand—crossing out names or writing in the margins—is legally ineffective and invites a challenge in Surrogate’s Court, delaying your estate’s settlement and causing unnecessary stress for your family.
The Cost of Inaction
An outdated will is more than an administrative oversight. It can actively harm the people you care about most. I have seen estates where an ex-spouse inherited significant assets, where children from a second marriage were unintentionally disinherited, and where the court had to appoint a stranger to manage an estate because the named executor had passed away years earlier.
These are not just legal problems; they are family problems. The court proceedings that follow can drain an estate’s resources and create lasting rifts between relatives. The purpose of deliberate estate planning is to provide a clear, intentional path for the future. An old, unrevised will does the opposite. It creates a legacy of confusion and conflict.
If it has been more than three years since you last reviewed your will, or if you have experienced one of the life events discussed here, your next step should be a formal review of your documents. Schedule an appointment to sit down with your attorney and ensure the instructions you have left for your family still reflect your true intentions.
