How to Update a Will After a Major Life Event

A will is not a set-it-and-forget-it document. Life changes — marriages, divorces, births, deaths, moves, significant financial changes — can all make an existing will outdated or even counterproductive. This guide explains when a will should be updated, how to update it, and what happens if updates are never made.

When Should a Will Be Updated?

Major life events (update within 30 days)

• Marriage: In most states, a will written before marriage doesn't automatically include the new spouse. Failing to update may mean the new spouse receives nothing or a smaller share under an "omitted spouse" statute.
• Divorce: Most states automatically revoke provisions for an ex-spouse upon divorce — but not always. Don't rely on this; update the will explicitly after divorce.
• Birth or adoption of a child: A child born after the will was written may be entitled to an "omitted heir" share under state law, or may inherit nothing if the will is very specific. Update to include all children explicitly.
• Death of a beneficiary: If a named beneficiary dies before the testator and the will doesn't address this, the gift may lapse or pass unexpectedly under the residuary clause. Update to name contingent beneficiaries.
• Death of the named executor: If the executor named in the will has died, the court will have to appoint someone. Designate an alternate.

Financial changes (update within a year)

• Significant increase or decrease in wealth
• Major real estate purchase or sale
• Starting or selling a business
• Receiving a large inheritance
• Retirement

Relationship changes

• Falling out with a previously named beneficiary
• A beneficiary's circumstances changing significantly (disability, financial trouble, addiction)
• Reconnecting with an estranged family member you want to include
• Change in who you'd want as guardian for minor children

Geographic moves

• Moving to a different state — will execution requirements vary by state. A will valid in your original state is generally also valid in a new state (most states honor out-of-state wills), but review the will for state-specific provisions and confirm with an attorney in the new state.
• Moving to a community property state from a common law state, or vice versa — significant impact on how property is characterized

How to Update a Will

Option 1: Execute a new will (preferred)

The cleanest and most legally reliable approach is to execute an entirely new will that explicitly revokes all prior wills. This eliminates any ambiguity about which document controls. A new will should contain a revocation clause: "I hereby revoke all prior wills and codicils previously made by me."

Option 2: Codicil

A codicil is a formal amendment to an existing will — a separate document that modifies specific provisions without replacing the entire will. A codicil must be executed with the same formalities as the original will (signature, two witnesses).

Codicils are appropriate for minor, specific changes. For major changes, a new will is cleaner. Multiple codicils attached to an old will create complexity and potential for confusion or contest.

Option 3: Personal property memorandum

For changes related only to specific bequests of personal property, many states allow a will to reference a "personal property memorandum" — a separate, informal written document listing who gets specific items. This document can typically be updated without legal formalities (no witnesses required), making it easy to adjust as personal property accumulates or preferences change.

What NOT to Do

• Do not write changes directly on the existing will — handwritten changes (interlineations) to a typed will are generally not valid in states that don't recognize holographic wills, and may create confusion or arguments about what the testator intended
• Do not try to "white out" or cross out provisions — this can raise questions about whether the will has been tampered with
• Do not fail to update beneficiary designations on retirement accounts and life insurance — these supersede the will, and an outdated beneficiary designation (naming an ex-spouse, for example) cannot be fixed by a will

Keeping Beneficiary Designations in Sync with the Will

When reviewing or updating a will, always simultaneously review all beneficiary designations — on retirement accounts (IRA, 401(k)), life insurance, POD bank accounts, and TOD brokerage accounts. The will controls probate assets; beneficiary designations control non-probate assets. Both must be kept current and consistent with your intentions.

For the complete will guide, see our guide to understanding a will after a death. For an understanding of what the will controls versus what beneficiary designations control, see our article on what a will can and cannot cover.