14 May Do I Ever Need to Update My Will?

As your circumstances change, so should your will. It’s a good idea to review it periodically to make sure it’s still legally valid, includes all of your assets, and reflects your current wishes. If you ever need to update your will, the attorneys at Phelps LaClair are ready to help. Let’s go over some of the reasons why you might need to revise your will. 

When Should You Make Changes to Your Will?

You will likely experience many significant life changes over the years. You might acquire new assets, start a new business, or move to another state. In your family, there will be births and deaths, marriages and divorces. You might need to make some changes to your will so that your beneficiaries include everyone you care about.

Here are six times when you might need to update your will.

1: Marriage or Divorce

If you’ve recently gotten married or divorced, revising your will is essential. Although Arizona has rights of survivorship, this only applies to assets acquired during the marriage. So if you already owned the house you and your spouse live in before you got married, you’ll need to make sure to leave the house to your partner in your will. 

And if you name your spouse as your sole beneficiary, but then get divorced, you’ll need to change your will. Unless you remove your ex-spouse from your will, they will still inherit all of your assets if you should die. To keep your assets in the right hands, make sure to update your will to reflect your new marriage status as soon as it changes. 

2: Birth or Adoption of a Child 

Welcoming a new child into your family is a wonderful milestone, and it’s also a great time to revise your will. You’ll want to add your new children or grandchildren as beneficiaries. You can also use your will to designate a guardian for any minor children, so that you know they’ll be in good hands if anything ever happens to you. 

3: Death of a Beneficiary or Executor

If someone named in your will has passed away, you should update your will. Even if you have named contingent beneficiaries, the probate process could end up taking longer if one of your beneficiaries is deceased. 

Or, if someone you’ve appointed as executor, trustee, or guardian is no longer able to serve in that role, it’s time to make changes. Leaving these roles unfulfilled can cause disputes over your wishes or put the wrong people in charge.

4: Significant Changes in Assets

Have you recently started a business, made new investments, or acquired valuable assets? Major financial changes may impact how you want to distribute your estate and to whom. For example, maybe you want your children to share ownership of your business or your sibling to inherit your newest car. Updating your will ensures these assets go to the right people.

It’s also important to update your will when there are any changes in ownership. For example, if you recently sold your home or your car and they’re still listed in your will, it can cause hiccups in the validation process. 

5: Relocation to or from Arizona

Estate planning laws vary by state. If you’ve moved to another state since you wrote your will, it’s important to review it with an estate planning attorney to ensure that it complies with your current state’s laws. 

For example, Arizona is a community property state, while other states are not. This means any property you acquire during your marriage is considered jointly owned by both you and your spouse, even if it is titled in your name. After you pass, your spouse becomes the sole owner.

6: Change in Intentions or Relationships

Relationships can change over time as well. If you’ve become close with someone who isn’t named in your will, or no longer wish one of your beneficiaries to inherit anything from you, it’s time to update your will. Your estate plan should always reflect your current wishes.

How Often Does a Will Need to Be Updated?

Even if there haven’t been any major life events and your assets and wishes have not changed, we still recommend reviewing your estate plan at least once every three years. Laws change, financial situations evolve, and your personal goals may shift. A quick review with a Phelps LaClair estate planning attorney can give you peace of mind and catch any issues that may not have crossed your mind.  

What Happens If You Don’t Update Your Will?

Keeping your will up to date isn’t just a matter of good housekeeping—it’s a crucial step in protecting your legacy and your loved ones. An outdated will can cause all sorts of problems and serious, unintended consequences. 

Failing to update your will could lead to:

• Assets going to unintended beneficiaries such as an ex-spouse or an estranged relative.
• Increased legal costs and probate delays due to court intervention and legal work to resolve disputes or other issues.
• Court-appointed executors or guardians who may not align with your preferences.
• Emotional strain on your loved ones, who must navigate an unclear or contested estate plan.

Here’s why keeping your will updated matters:

• Describe Your True Intentions: Your relationships and priorities may change over time. Unless you update your will, your assets could go to the wrong people. 
• Avoid Confusion and Conflict: Ambiguities or outdated instructions can lead to family disputes, delays in probate, or even court challenges.
• Put the Right People in Charge: Executors, trustees, and guardians should be people you trust and who are capable of fulfilling those roles. If they’ve moved away, become ill, or passed on, your estate could face unnecessary complications. 
• Minimize Legal and Tax Risks: Laws change over time, and so does your financial picture. An outdated will might overlook some key strategies for reducing estate taxes or protecting your assets.

Update Your Will with Help from an Experienced Estate Planning Attorney

By taking a proactive approach to estate planning and updating your will regularly, you can spare your family unnecessary stress, confusion, and conflict. At Phelps LaClair, we’ve been helping Arizona families find peace of mind and protect their assets for over 40 years. If you need to create a will or you want to review your current estate plan, contact us today to schedule a free consultation in the Phoenix area. 

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