People treat a will like a fire extinguisher — sign it once, put it in a drawer, forget it exists. Then life changes: a divorce, a new grandchild, a move to New York, a business sold. Meanwhile the will still names an ex-spouse, or a guardian who's now unsuitable, or an executor who has passed away. An out-of-date will can be worse than no will at all, because it confidently directs the wrong outcome. Here's when to revisit yours.
The General Rule: Every 3 to 5 Years
Even if nothing dramatic has happened, pull out your will every three to five years and read it with fresh eyes. Do the people, the amounts, and the roles still reflect your wishes? Have tax laws shifted? A short review now prevents a painful surprise later. If you don't yet have a will, start with our guide on how to create a will in New York.
The Life Events That Demand an Update
Don't wait for the calendar when any of these happen:
- Marriage or remarriage — protect your new spouse and, in a second marriage, your children. See our guide on estate planning after a second marriage.
- Divorce — update immediately; don't rely on the law alone (more below).
- Birth or adoption — add new children or grandchildren and name a guardian.
- Death of a beneficiary, executor, or guardian — fill the gap with a living, willing replacement.
- Big changes in assets — a new home, an inheritance, a business sold or started.
- Moving to New York — a will from another state is usually valid, but should be reviewed for New York rules.
- Tax law changes — shifts in the estate tax exemption can call for new strategies.
Rule of thumb: If a major relationship, a major asset, or a major law has changed since you signed your will, it's time for a review. Those three categories cover almost every reason a plan goes stale.
Divorce: Don't Trust the Default
New York law generally revokes gifts and appointments in favor of a former spouse once a divorce is final. That sounds like a safety net — but it's a thin one. It doesn't cover a separation that isn't yet final, it may not reach every asset, and it can leave gaps the law never intended. The safe move is to affirmatively rewrite your will and update your beneficiary designations after a divorce. See our guide on updating your estate plan after divorce.
Codicil or New Will?
To make a change, you have two options:
- A codicil — a short, formal amendment. Fine for a single small change, like swapping one executor.
- A new will — the better choice for multiple or significant changes. Layering several codicils onto an old will creates confusion and invites challenges; a clean new will is clearer and harder to contest.
Either way, the document must meet New York's execution formalities — properly signed and witnessed — or it won't hold up. Our guide on New York will requirements covers the rules.
Don't Forget the Rest of the Plan
A will is only one piece. When you update it, also review:
- Beneficiary designations on retirement accounts and life insurance — these override your will. See our beneficiary designation guide.
- Trusts — make sure they're funded and consistent with the will.
- Your healthcare proxy and power of attorney — confirm your named agents are still the right people.
When to Call a New York Estate Planning Attorney
A periodic review is quick, inexpensive, and catches expensive gaps before they matter. Our estate planning practice reviews and updates wills and full plans for New York families, using coordinated wills and trusts. For background, the New York Courts wills resource is a helpful starting point.
Frequently Asked Questions
How often should I update my will in New York?
Review your will every three to five years, and update it promptly after any major life event such as a marriage, divorce, birth, death, significant change in assets, or a move to New York.
What life events require updating a will?
Marriage or divorce, the birth or adoption of a child or grandchild, the death of a beneficiary or named executor, buying or selling major assets or a business, moving to a new state, and changes in tax law all warrant a review.
Does divorce automatically change my will in New York?
New York law generally revokes provisions in favor of a former spouse upon divorce, but relying on that is risky. You should affirmatively update your will and beneficiary designations after a divorce.
Should I make a codicil or a new will?
A codicil is a short amendment for a small change. For multiple or significant changes, a new will is usually cleaner and less prone to confusion or challenge than layering codicils onto an old document.
Do I need to update beneficiary designations too?
Yes. Retirement accounts and life insurance pass by beneficiary designation, not your will. Updating your will without updating these designations is one of the most common and costly planning mistakes.
