When Is the Right Time to Update Your Will?
Many people treat their will as a one-time task, signed once and then forgotten in a drawer for decades. But a will is only useful if it reflects your current life and current wishes. Major life events can change how your will is interpreted, and in some cases, Florida law changes it for you automatically. Understanding when to revisit your will can prevent confusion, disputes, and unintended outcomes for the people you care about.
Life Events That Should Trigger a Review
A will drafted at one stage of life rarely fits every stage that follows. You should review your will after any of the following:
- Marriage, divorce, or remarriage
- The birth or adoption of a child or grandchild
- The death of a spouse, beneficiary, or named personal representative
- A significant change in assets, such as buying a home, starting a business, or receiving an inheritance
- A move to a new state
- A falling out or reconciliation with a family member named in the will
Divorce is one of the most important triggers. Under Florida Statutes section 732.507, a final judgment of dissolution of marriage automatically voids any provision in a prior will that affects a former spouse, and the will is then read as though the former spouse died before the testator, unless the will or the divorce judgment states otherwise. That sounds convenient, but it does not resolve everything. It does not update beneficiary designations on life insurance, retirement accounts, or payable on death accounts, and it does not appoint a new personal representative for you. Relying on the statute instead of a proper update can leave gaps that create confusion for your family later.
Why “Set It and Forget It” Creates Risk
An outdated will can name a personal representative who is no longer capable or willing to serve, leave assets to someone you are no longer close with, or fail to account for a child who was born after the will was signed. Florida law provides some protection for children left out of a will unintentionally, but the process to sort that out through probate takes time and can create friction among family members during an already difficult period. A regular review, rather than a reactive one, keeps your estate plan aligned with your actual intentions.
How Often Should You Review Your Will Even Without a Major Change?
Even without a specific triggering event, it is reasonable to review your will every three to five years. Tax laws, family circumstances, and your own priorities shift over time in ways that are easy to overlook until you sit down and reread the document. A short review now is far simpler than a contested estate later.
Florida Bar guidance echoes this approach, noting that periodic review helps confirm that a will still reflects a person’s current wishes and family situation. Small edits made early are almost always easier than trying to correct course after a major event has already occurred.
If it has been several years since you last looked at your will, or if your family situation has changed, now is a good time to have it reviewed. Our Dade City estate planning attorneys at the Law Office of Laurie R. Chane can walk through your current will, identify any gaps created by life changes, and help you make sure it still says what you want it to say. Contact the Law Office of Laurie R. Chane to schedule a time to discuss your will.
Source:
flsenate.gov/Laws/Statutes/2024/0732.507
