A client recently came into my office with a will we had drafted for him and his wife fifteen years ago. At the time, they lived in a Brooklyn brownstone, their two children were in high school, and his brother was named as the executor. Today, the brownstone is sold, they live on Long Island, the children are married with their own kids, and sadly, his brother passed away two years ago. The document in his hands was a perfect reflection of a life they no longer lived. It had become a blueprint for confusion, not a clear statement of his intent.
This is a situation I see often. A will is not a static document to be signed and filed away forever. It must evolve as your life, your assets, and your family relationships change. Stewardship of your legacy demands periodic, intentional review.
When Life Outpaces Your Legal Documents
Certain life events demand an immediate review of your will. These are the moments when the gap between your existing will and your current reality becomes dangerously wide.
A marriage or a divorce is the most obvious. While New York law has built-in protections—for instance, Estates, Powers and Trusts Law § 5-1.4 automatically revokes bequests to a former spouse upon divorce—it does not address dispositions to your former spouse’s relatives who may still be named. A new marriage requires a deliberate decision about how to provide for your new spouse, a process that must account for their statutory right of election.
The birth or adoption of a child is another critical moment. While the law may provide for children born after a will is executed, relying on these default statutes is not prudent. An updated will allows you to name a guardian for your minor child, which is arguably one of the most important decisions a parent can make. Without this designation, the Surrogate’s Court will make the choice for you.
Significant changes in your financial picture also demand attention. The sale of a major asset specifically bequeathed in a will, like the Brooklyn home in my client’s case, can create ambiguity. A substantial inheritance, a new business venture, or a large increase in the value of your estate may have tax implications that your old will is not structured to handle efficiently.
Amending vs. Rewriting: The Question of a Codicil
When a change is needed, the question becomes whether to amend the existing will with a codicil or to execute an entirely new will. A codicil is a separate legal document that modifies, adds to, or revokes parts of an existing will. In my practice, I find their utility has become quite limited.
For a very minor, isolated change—such as naming a new executor because the original one has moved away or passed on—a codicil might suffice. It can be a straightforward way to update a single provision without disturbing the rest of the document.
However, the moment the changes become more substantial, a codicil can introduce risk. If you are altering the distribution of your assets, disinheriting a beneficiary, or making multiple complex changes, a codicil can create confusion. It forces a future reader—and potentially the court—to interpret two documents simultaneously. This can lead to ambiguity and increase the likelihood of a will contest.
In most cases, the cleaner, safer, and more deliberate approach is to execute a new will entirely. A new will explicitly revokes all prior wills and codicils, leaving a single, clear document that reflects your final wishes. The cost difference is often negligible, but the clarity it provides is invaluable.
Formalities Are Not Optional
Whether you choose a codicil or a new will, it must be executed with the same strict formalities required of the original. These formalities are absolute. Simply crossing out a name or handwriting a new beneficiary in the margin of your will has no legal effect in New York.
Under EPTL § 3-2.1, a will or codicil must be in writing, signed at the end by the testator, and witnessed by at least two individuals who sign their names within a 30-day period. These witnesses must observe the testator’s signature or receive an acknowledgment from the testator that the signature on the document is theirs. Failure to comply with these precise requirements can be grounds for invalidating the entire document.
This is not mere legal pedantry. These rules exist to prevent fraud and to ensure the court has confidence that the document presented truly represents the decedent’s intentions. Attempting to update a will on your own, without understanding these statutory demands, is a risk no family should have to take.
A Will Is Only One Piece of the Puzzle
An updated will, however, is just one component of a sound estate plan. Many of a person’s most valuable assets pass outside of probate and are not controlled by the will at all. These include:
- Life insurance policies
- Retirement accounts (401(k)s, IRAs)
- Bank or brokerage accounts with “Payable on Death” (POD) or “Transfer on Death” (TOD) designations
- Property held in a trust
The beneficiary designations on these accounts are contracts with financial institutions, and they supersede whatever your will says. I have seen cases where a will was meticulously updated to provide for a second spouse, but a multi-million dollar retirement account was paid directly to a first spouse because the beneficiary form was never changed after the divorce. A proper review involves auditing and aligning these designations with the intentions expressed in your will.
Your will should be the authoritative document for your legacy, not an outdated relic. Ensuring it remains so is an ongoing act of responsibility.
If you have an existing will that has not been reviewed in the last three to five years, a good first step is to read it. If the people, assets, and intentions described no longer match your current life, schedule a private consultation to conduct a thorough review of the document and your related beneficiary designations.
