How Often Should You Update Your Will?
A will isn’t a “set it and forget it” document. Life changes — and when it does, your estate plan needs to change with it. One of the most common problems I see in probate work is a will that was perfectly fine when it was signed ten or twenty years ago but no longer reflects the person’s actual wishes, family situation, or financial picture.
When Should You Update Your Will?
There’s no magic timeline — but there are specific life events that should trigger a review:
Marriage or divorce. Getting married or divorced fundamentally changes your legal relationships and who you’d want to inherit your property. In Kentucky, divorce automatically revokes any provisions in your will that benefit your former spouse (KRS 394.092), but that doesn’t mean the rest of your will still makes sense. And if you’ve remarried, your new spouse may have elective share rights that weren’t contemplated when the original will was drafted.
Birth or adoption of a child. A new child or grandchild should be reflected in your will. Kentucky has a “pretermitted heir” statute (KRS 394.382) that provides some protection for children born after a will is executed, but relying on the statute instead of updating your will can lead to unintended results.
Death of a beneficiary or executor. If someone named in your will has passed away, the will may not distribute your property the way you intended. Similarly, if your named executor has died or is no longer an appropriate choice, you need a replacement.
Significant change in assets. Buying or selling a home, receiving an inheritance, starting or selling a business, or any major financial change may warrant updating your will to reflect your current estate.
Moving to a new state. Estate planning laws vary significantly by state. A will drafted in another state may be valid in Kentucky, but it may not take advantage of Kentucky-specific provisions or may include provisions that don’t work well under Kentucky law.
Change in relationships. Family dynamics evolve. If you’ve become estranged from a beneficiary, grown closer to someone not currently included, or want to add charitable bequests, your will should reflect your current wishes — not the ones you had a decade ago.
A Good Rule of Thumb
Even without a major life event, it’s worth reviewing your will every three to five years. Laws change, circumstances evolve, and what made sense five years ago may not make sense today. A quick review with your attorney can confirm that everything is still in order — or catch a problem before it becomes a crisis.
If it’s been a while since you looked at your will, call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is an attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
