How Often Do Wills Need to Be Updated?

The Bakerink, McCusker & Belden team helps clients in Tracy, CA, and throughout San Joaquin County create and update wills that reflect their current wishes. If you’re wondering how often wills should be updated – or whether yours still holds up – this guide is for you. Keep reading to learn which types of events may necessitate a will update and how to do so legally in California.

Why Updating Your Will Matters?

A will is one of the most important legal documents you’ll ever sign. It tells the court exactly how you want your property distributed and who should care for your children if something happens to you. But if you wrote your will five or more years ago, it may not reflect your current life. In that time, your relationships and finances may have changed. Laws could have, too. If your will doesn’t keep up, your family may be left with confusion and legal disputes after you pass. Reviewing your will regularly can protect the people you love.

Understanding How Often You Should Review Your Will

Most estate planning attorneys recommend reviewing your will every three to five years. This routine check helps ensure your document continues to align with your wishes and complies with current California law. But if life events have changed your circumstances, don’t wait for your next scheduled check. Call a will and trust lawyer as soon as possible.

Major Life Events That May Require a Will Update

Life rarely stays the same for long. Here are some of the most common reasons to update a will:

• Marriage or Divorce – Getting married or divorced changes your legal relationship with your spouse. In California, a divorce may automatically revoke certain provisions in your will, but it’s still best to update the document to avoid any confusion.
• The Birth or Adoption of a Child – Every time a new child joins your family, you’ll want to name them as a beneficiary and consider appointing a guardian in case both parents pass away.
• The Death of a Beneficiary or Executor – If someone named in your will has passed away, you’ll need to choose a replacement. Leaving a deceased person listed can create legal complications.
• Significant Changes in Property or Finances – Buying a home, inheriting money, or starting a business are all signs your will needs updating. Your document should reflect what you actually own today.
• Moving to a New State – Estate laws vary by state. If you’ve moved here from another state, our local will and trust lawyers can confirm your existing will meets California’s legal requirements.
• Changes in Your Relationships – If your relationship with a beneficiary or executor has changed – whether due to a falling out or a new close relationship – updating your will ensures the right people are named.

How to Legally Update a Will in California?

There are two primary ways to update a will in California:

• Codicil – A codicil is a legal amendment added to an existing will. It must be signed and witnessed in accordance with the same rules as the original will. Codicils work well for minor changes like updating an executor’s name.
• Creating a New Will – For more significant changes, it’s often cleaner to draft an entirely new will. The new document should clearly state that it revokes all previous versions to reduce the risk of conflicting language creating problems later.

Whether you’re establishing a will and trust for the first time or revising an existing document, working with an experienced attorney helps ensure everything is legally valid and clearly written.

FAQs

How Do I Know If My Will Needs Updating?

Common signs your will needs updating include major life changes like marriage, divorce, a new child, or a move. It’s also a good idea to take another look if it’s been more than five years since you last reviewed your will.

Can I Update My Will Without an Attorney?

Technically, yes – but it’s risky. Errors in wording or execution can invalidate your will entirely. An attorney ensures the update is legally sound.

What Is a Living Will, and Does It Also Need to Be Updated?

A living will outlines your medical wishes if you become incapacitated. Like a traditional will, it should be reviewed after major health changes or shifts in your personal preferences.

How Do I Establish a Will and Trust in California?

To establish a will and trust in California, you’ll work with an estate planning attorney to draft the documents, sign them in front of witnesses, and in the case of a trust, transfer your assets into it.

How Long Does It Take to Update a Will?

Simple updates can often be completed in one or two appointments. More complex changes may take longer depending on your situation.

Contact Us for Help Updating Your Will in San Joaquin County

If you’re ready to review or update your will, rely on the team at Bakerink, McCusker & Belden. We’re experts in estate planning, so contact us in Tracy, CA, today to schedule a consultation.