How Often Should You Update Your Will in New York?

Quick Summary: Most attorneys recommend reviewing your will every three to five years and after any major life change. A will that once matched your wishes can become outdated as your family, assets, relationships, and responsibilities change. Regular review helps make sure your plan still protects the people and property that matter most to you.

Creating a will is an important step, but it should not be treated as a one-time task. For individuals and families in Pittsford, NY, and across Western New York, a periodic review can prevent outdated instructions from creating unnecessary confusion later. Bernacki Law helps clients review existing wills, identify gaps, and make updates that reflect where life stands today.

Why Your Will Needs Regular Attention

A will is meant to express your current intentions. It may name the people who inherit your property, the executor who handles the estate, guardians for minor children, and beneficiaries of specific gifts. Over time, any of those choices can become outdated.

Even if your relationships have not changed, your assets may have. You may have bought or sold a home, opened new accounts, received an inheritance, started a business, or acquired property with sentimental or financial value. A review gives you the opportunity to make sure your will still fits your overall Estate Planning goals.

A three-to-five-year review is a useful general guideline. It is also wise to revisit your plan sooner whenever a major life event occurs. You do not need to wait until a crisis to make sure your documents are current.

Marriage or Divorce Should Trigger a Will Review

Marriage is one of the clearest reasons to review a will. Getting married does not automatically invalidate a pre-existing will in New York, but an older document may not adequately provide for a new spouse or reflect your new financial and family circumstances. New York law also gives surviving spouses important rights, which is another reason to obtain advice rather than relying on an old plan.

Divorce should also trigger a prompt review. Under New York law, a final divorce, annulment, or judicial separation generally revokes certain revocable gifts and fiduciary appointments for a former spouse unless the document expressly provides otherwise. Still, that does not mean every estate-planning issue is resolved automatically. Your will, trust documents, beneficiary designations, powers of attorney, health care proxy, and jointly owned assets should all be reviewed.

Children, Grandchildren, and Changing Family Responsibilities

The birth or adoption of a child is an important reason to update your will. Parents may want to name or revise a guardian nomination, provide instructions for money that may pass to a child, and reconsider who should serve as executor or trustee.

A will can nominate a guardian for minor children, although a court makes the final decision based on the child’s best interests. Without a current will, you lose the opportunity to clearly express your preference. You may also want to consider whether children should inherit property outright at a young age or whether a trust should manage assets for them over time.

Changes in a child’s needs, a grandchild’s birth, a blended-family relationship, or a beneficiary’s financial circumstances can all justify another look at your plan.

When a Beneficiary or Executor Can No Longer Serve

If a person named in your will dies, becomes seriously ill, moves away, loses contact with you, or is no longer a suitable choice, your will should be updated. This is especially important for your executor—the person responsible for carrying out the terms of your will and managing the estate process.

An executor who moves out of state may still be able to serve, but distance can create practical challenges. It is often helpful to name one or more successor executors so there is a clear backup if your first choice cannot or will not act. The same is true for guardians and trustees named in your plan.

Bernacki Law can help clients in Western New York evaluate whether their current fiduciaries remain the right fit and whether successor appointments should be added.

Significant Changes in Assets or Property

A will review is appropriate when there is a substantial change in what you own. Common examples include purchasing or selling a home, receiving an inheritance, retiring, acquiring investment accounts, or taking on a significant new debt.

You should also review how assets are titled and whether they pass under your will at all. Retirement accounts, life insurance, payable-on-death accounts, transfer-on-death registrations, jointly owned property, and trust assets may pass according to beneficiary designations or ownership terms instead of your will. An outdated beneficiary form can undermine an otherwise current estate plan.

A review does not always require a complete rewrite, but it should identify whether your will, trust, and beneficiary designations are working toward the same outcome.

Moving to a New State

If you move to New York from another state, an existing will may still be valid, but it should be reviewed. States have different rules affecting execution, probate procedures, fiduciary appointments, marital rights, property ownership, and estate administration. A New York review can help confirm that your document is practical and appropriate for your new circumstances.

The same is true if you leave New York or begin owning substantial property in another state. Real estate located elsewhere may require additional planning to avoid delays or separate proceedings.

Starting, Buying, Selling, or Leaving a Business

Business ownership creates estate-planning issues that a personal will may not fully address. If you start a business, become a partner, purchase an ownership interest, or sell a company, your will and related documents should be reviewed.

For a closely held or family-owned business, consider who should inherit the ownership interest, who should manage the company, whether a buy-sell agreement applies, and whether active and non-active family members should be treated differently. Your estate plan should coordinate with operating agreements, shareholder agreements, succession documents, and any life insurance intended to support a transition.

Codicil vs. Rewriting Your Will

A codicil is a formal amendment to an existing will. It can be useful for a limited, clearly defined change, such as replacing an executor or adjusting one specific gift. Like a will, a codicil must be properly executed with the required legal formalities. It is not simply a handwritten note attached to the original document.

In some cases, preparing a new will is cleaner and safer than layering multiple changes onto an old document. A new will can revoke prior versions and present your intentions in one complete, easy-to-understand document. This is often preferable after several life changes, a major family transition, or a substantial change in assets.

Do Not Make Handwritten Changes to a Signed Will

Crossing out names, writing notes in the margins, or adding gifts by hand to an already signed will can create serious problems. Those changes may not be legally effective, and they can raise questions during probate about what you intended and whether the document was altered.

Instead, keep the signed original intact and speak with an attorney about whether a codicil or a new will is appropriate. Careful updates now can prevent uncertainty and expense for your executor and beneficiaries later.

Digital Assets Belong in the Conversation

Your will can be part of a plan for digital assets, including online financial accounts, digital photographs, email, social media, domain names, cloud storage, and digital business records. New York law addresses a fiduciary’s authority regarding digital assets, but that authority may be affected by your directions, an online tool offered by the account provider, and the provider’s terms of service.

Your will should not contain passwords, since it may become public during probate. Instead, make a secure inventory of important accounts and discuss how your executor or other fiduciary can locate it. A review is a good time to consider whether your digital life is organized enough for someone else to manage if necessary.

FAQ

Can I cross things out in my will and add new ones by hand?

No. Handwritten edits to a signed will can create confusion and may not be legally effective. Do not mark up the original. Ask an attorney whether a properly executed codicil or a new will is the better option.

Does marriage automatically invalidate my will in New York?

No. Marriage does not automatically invalidate an existing will in New York. However, marriage is an important reason to review your plan because an older will may not provide for your spouse or reflect your current wishes.

What if my executor moves away or dies?

You should update your will to name a replacement or successor executor. An out-of-state executor may be able to serve, but a local or readily available successor can make administration more practical.

Does my will cover digital assets?

Your will can provide direction as part of your digital-asset plan, but access may also depend on state law, account-provider tools, and terms of service. Keep account information secure and review your plan with your attorney.

How do I know whether I need a codicil or a new will?

A codicil may work for a small, straightforward update. A new will is often better when several changes are needed or when the existing document is outdated. An attorney can help you choose the clearer approach.

If it has been several years since you signed your will—or if life has changed since then—call Bernacki Law for a will review consultation. Visit our Wills page to learn more about keeping your plan current and effective.