TL;DR

You should review and update your estate plan every three to five years, or sooner if you experience major life events like marriage, divorce, a birth, a death, or significant financial changes. Laws change as well, including estate tax rules and probate thresholds, so staying current helps ensure your wishes are honored and your loved ones are protected. An updated plan prevents conflicts, avoids unnecessary taxes, and keeps everything aligned with your current goals.

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An outdated estate plan can leave your assets to an ex-spouse, exclude a child born after you signed, or cost your family thousands in unnecessary taxes. It happens more often than you’d think.

The good news: these problems are preventable.

Rather than thinking of estate planning as a one-time task, it helps to view it the same way you would view long-term financial planning: something that requires occasional tune-ups to remain effective. Whether you created your plan years ago or recently, understanding when to update your estate plan ensures that you remain prepared for whatever life brings.

The 3-to-5-Year Rule

There is no single timeline that fits everyone, but most professionals agree that reviewing your estate plan every three to five years keeps your documents aligned with your current life and goals.

This timeframe works because within any three-to-five-year period, most people experience at least one major change in finances, relationships, or priorities. A periodic review also ensures you stay current with evolving laws, tax rules, and probate procedures.

A review does not always mean you need major changes. Sometimes a quick check-in with your attorney is enough to confirm that everything still reflects your wishes.

Why This Timeframe Works

A Lot Can Change in a Few Years

Consider someone who created a trust in 2019, then remarried, had a child, and sold their business. Without updates, the trust still names the first spouse, excludes the new child, and references an asset that no longer exists. A simple review would have caught all three.

Federal and State Laws 

Laws can significantly affect your estate plan. For example:

• The One Big Beautiful Bill Act raised the federal estate tax exemption to $15 million per person in 2026, indexed for inflation.
  
• The IRS explains that the federal estate tax applies to the right to transfer property at death, making exemption changes critically important for long-term planning.

Even if tax law changes do not affect your current estate size, staying updated ensures your plan remains legally sound and strategically beneficial.

Life Events That Require Immediate Updates

While regular check-ins are valuable, certain life events mean you should update your estate plan right away, not years later.

1. Marriage or Remarriage

Marriage changes your legal rights and responsibilities. Many people want to:

• add a spouse as a beneficiary
  
• grant financial or medical decision-making authority
  
• include stepchildren or blended family arrangements
  

If you remarry, outdated documents may accidentally leave your estate to a former spouse.

2. Birth or Adoption of a Child

A new child brings new priorities, including:

• naming guardians
  
• setting up trusts for minors
  
• providing instructions for financial management
  
• ensuring equal or intentional inheritance planning
  

Failing to update your documents could unintentionally exclude a new child.

3. Divorce or Separation

After a separation or divorce, failing to update your estate plan may result in:

• a former spouse inheriting assets
  
• an ex retaining decision-making authority
  
• unintended entitlement to life insurance or retirement accounts
  

State law does not automatically fix all of these issues, you must update your plan.

4. Death or Incapacity of Someone in Your Plan

If a beneficiary, executor, trustee, or guardian dies or becomes unable to serve, your estate plan needs updates immediately.

5. Major Financial or Property Changes

Significant financial events such as:

• buying or selling a home
  
• starting or closing a business
  
• receiving an inheritance
  
• opening new investment or retirement accounts
  

These assets must be aligned with your will or trust.

6. Moving to Another State

Estate and probate laws vary widely from state to state, so your estate plan should always be reviewed when you relocate to make sure it remains valid and properly structured.

Making Updates the Right Way

Alt Description: Clients consulting with an attorney about estate planning.

You can always change your estate plan, but how you change it matters. Simply crossing out text or writing in the margins can cause confusion, disputes, or invalidation.

Why handwritten edits are risky

• They often fail to meet legal signing/witnessing requirements
  
• They may be ignored by the probate court
  
• They can create ambiguity and trigger costly litigation
  
• They may conflict with the rest of your documents

Handwritten edits are easily challenged and rarely meet legal standards. For wills, a formal codicil is required. For trusts, changes are typically made through a properly executed trust amendment or, in some cases, by creating a new trust after review.

Use proper legal formalities

A codicil or amendment must:

• be signed
  
• be witnessed (for wills)
  
• be notarized where required
  
• clearly reference the document it is modifying

FAQs

Q: How often should I update my will or trust?

Every three to five years, or immediately after major life events.

Q: What happens if I do not update my estate plan?

Outdated plans may leave out new children, include former spouses, or lead to increased taxes, probate delays, or family disputes.

Q: Do I need an attorney to make changes?

It is strongly recommended. Handwritten or DIY changes often fail legal requirements. Proper codicils and amendments protect your intentions.

Q: Can I update only part of my plan?

Yes. You can use a codicil for a will or an amendment for a trust to update specific sections, but these must follow the same legal formalities.

When to Consult an Attorney

Updating your estate plan does not have to be complicated or time consuming. A brief conversation with an attorney can prevent expensive mistakes and ensure your documents still match your goals.

Before your review, gather your current will, trust documents, beneficiary designations, and a list of any major changes since your last update.

At the Law Office of Randal P. Hannah, we regularly help clients:

• review existing wills and trusts
  
• advise on appropriate updates based on your circumstances
  
• retitle property
  
• update beneficiary designations
  
• ensure compliance with state requirements
  
• avoid unnecessary probate complications
  

Your estate plan should protect your family, reflect your wishes, and work for you, not against you. If it has been a few years since your last review, or if your life has changed recently, now is the right time to update it.

Contact us today for an estate plan review and guidance tailored to your goals.