In this guide
When to Update Your Will
Your will should reflect your current circumstances. Major life events like marriage, divorce, birth of a child, death of a beneficiary, or significant changes in assets should prompt a review. Even if nothing major changes, review your will every 3-5 years.
If you move to a different state, your will may still be valid, but state laws vary on execution requirements and property distribution. It's wise to have an attorney in your new state review it.
Also, if you named an executor or guardian who can no longer serve, or if your chosen beneficiaries have passed away, you need to update your will.
- Marriage or remarriage
- Divorce or separation
- Birth or adoption of a child
- Death of a beneficiary or executor
- Purchase or sale of major assets
- Moving to another state
Codicils: Making Minor Changes
A codicil is a legal document that amends your existing will without rewriting the entire document. It must be executed with the same formalities as a will—typically signed in front of witnesses and notarized, depending on state law.
Codicils are suitable for minor changes like updating a beneficiary's name, changing an executor, or adding a small bequest. However, if you make many changes, a new will is often cleaner and reduces confusion.
Keep the codicil with your original will and never attach it with staples or tape that could damage the original. Inform your executor of its location.
- Use a codicil for simple changes like updating names or amounts.
- Sign the codicil with the same formalities as your will.
- Never alter the original will by hand—it can invalidate it.
- Store codicil with the original will.
How to Revoke Your Will
You can revoke your will by physically destroying it with the intent to revoke—burning, tearing, or shredding. Some states also recognize crossing out the signature or writing 'revoked' across the document, but this is risky.
You can also revoke by executing a new will that expressly states it revokes all prior wills. This is the most common and safest method.
A divorce may automatically revoke provisions naming your former spouse as beneficiary or executor in many states, but this is not universal. Check your state's laws.
- Physical destruction: burn, tear, shred, or cancel the will.
- New will: include a clause revoking all previous wills.
- Written revocation: a separate document explicitly revoking the will.
- Automatic revocation by divorce or marriage in some states.
Creating a New Will
If your circumstances have changed significantly, creating a new will is often the best choice. A new will ensures all your wishes are current and reduces the risk of conflicting documents.
When you create a new will, include a clause that revokes all prior wills. Then destroy all copies of the old will to avoid confusion, but keep one copy for your records until the new one is executed. You can last will and testament with a state-specific template data-doorway-opt-inline here.
Work with an attorney or use a reputable online service to draft a new will that complies with your state's requirements. Have it properly signed and witnessed.
- Draft a new will that clearly revokes all previous wills.
- Destroy old copies after the new will is signed.
- Use an attorney or trusted online service.
- Ensure the new will meets state execution requirements.
Legal Requirements for Changing a Will
State laws dictate how to change a will. Generally, you must be of sound mind and at least 18 years old. The codicil or new will must be in writing and signed by you in the presence of witnesses—typically two, sometimes three, depending on the state.
Some states require notarization, while others do not. A self-proving affidavit (notarized statement) can speed up probate. Never try to alter your will by handwriting changes on the original—this can invalidate the entire will.
If you're unsure about your state's rules, consult an estate planning attorney. The cost is often worth avoiding legal battles later.
- Age and mental capacity requirements
- Written document and signature
- Witnesses: typically 2-3, state-specific
- Notarization may be required or recommended
- Handwritten changes are generally invalid
Common Mistakes to Avoid
One of the biggest mistakes is failing to update your will after major life changes. An outdated will can cause assets to go to unintended people or create family disputes.
Another mistake is not properly revoking old wills. If you have multiple wills and none clearly revokes the others, courts may get involved. Always destroy old copies.
Finally, don't forget to update beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts. These pass outside your will and override it.
- Not updating after divorce or marriage
- Making handwritten changes to the original
- Failing to sign and witness properly
- Keeping old wills that conflict
- Ignoring beneficiary designations on other accounts