A client from Queens called my office six months after his divorce was finalized. He’d just realized his ex-wife was still named as the primary beneficiary and executor in his will—a document we drafted together nearly a decade prior. He knew it needed to change, but the thought of redoing the entire plan felt overwhelming. His situation is not unusual. A will is a snapshot in time, reflecting your life and relationships as they are. But life moves on, and your will must keep pace.
Thinking of your will as a static, one-time document is a mistake. It is an instrument of stewardship, designed to protect your family and preserve your intentions. When it no longer reflects your reality, it can become a source of confusion and conflict rather than clarity. The question is not if you will need to change your will, but how you should do it when the time comes.
Two Paths for an Update: Codicil vs. New Will
When a client’s circumstances change, we generally consider two ways to update their will. The choice depends entirely on the significance of the change.
For a minor, straightforward revision, we might use a codicil. A codicil is a separate legal document that modifies, explains, or revokes a specific part of an existing will without replacing the entire thing. For example, if you simply want to change your named executor from a sibling to an adult child, a codicil can be an efficient way to make that single update.
However, I find myself recommending codicils less and less. They can create confusion. A codicil must be kept with the original will, and if it becomes separated or lost, the court may never know it existed. Furthermore, if you’ve already amended the will with a previous codicil, adding another one creates a paper trail that can be difficult for an executor—and the Surrogate’s Court—to piece together. Ambiguity is the enemy of a sound estate plan.
For more significant changes—like those following a marriage, divorce, or the birth of a child—drafting an entirely new will is almost always the more prudent path. A new will explicitly revokes all prior wills and codicils, creating a single, clear, and current document that reflects your wishes. It eliminates the risk of conflicting provisions or lost amendments. While it may seem like more work, it provides certainty. Stewardship.
The Dangers of a “Simple” Change
I have seen well-intentioned people try to amend their own wills with disastrous results. They might cross out a name with a pen and write a new one in the margin. They might attach a sticky note with new instructions. These handwritten changes are legally meaningless and will be ignored by the court. Worse, they can call the entire will’s validity into question, inviting a will contest from a disgruntled family member.
The law is unyielding on this point. In New York, any formal change to your will must be executed with the same rigor as the original document. This is codified in our Estates, Powers and Trusts Law (EPTL). Specifically, EPTL § 3-2.1 dictates that a will—or a codicil amending it—must be in writing, signed by the testator at the end, and witnessed by at least two individuals who also sign their names. There are no shortcuts.
Failing to adhere to these formalities means the amendment is invalid. The court will probate the original, unaltered will, potentially disinheriting a new spouse or leaving assets to an ex-spouse, precisely the outcomes the testator tried to avoid.
Triggers for a Will Review
Your will is not a “set it and forget it” document. I advise my clients to review their estate plan with me every three to five years, or immediately following any significant life event. This discipline keeps the plan aligned with your life. Key events that demand a review include:
- Marriage, Divorce, or Separation: These events fundamentally alter your legal relationship and beneficiary designations.
- Birth or Adoption: A new child or grandchild needs to be accounted for in your generational plan.
- Death of a Beneficiary or Fiduciary: If an heir, executor, or trustee named in your will passes away, you must name a successor to avoid complications.
- Significant Change in Assets: A major inheritance, the sale of a business, or a substantial increase or decrease in your net worth can impact the structure of your estate plan.
- A Change in Your Wishes: Sometimes, you simply change your mind about who should inherit a particular asset or who is best suited to manage your affairs.
These are not just administrative updates; they are moments of intentional stewardship. Each one is an opportunity to reaffirm your legacy and ensure the people you care about are protected according to your current wishes, not your past ones.
If a life event has made you question whether your will still serves your family’s best interests, the next step is a direct assessment of the document itself. We can schedule a meeting to review your existing will and discuss whether a simple codicil or a new, restated will is the right path for your legacy.
