Updating Your Will: When and How Often in PA
Estate Planning
No matter how many precautions you take in life, there is always a chance of a major injury or illness. When disaster strikes, your family needs to know that they are protected. Writing a will is one of the most important steps you can take to protect your family and make sure your wishes are honored. However, this isn’t just a task that you can set and forget. As your family grows, relationships end, and finances change, your will must evolve as well.
If it has been many years since your first will was written, it may be time for an update. An outdated will can cause confusion, disputes, or even unintended consequences for your heirs. For help with updating your will, reach out to our legal team today.
How Often Should You Update Your Will in PA?
After you write a will in Pennsylvania, there is no rule about how frequently you need to update it. However, most estate planning experts recommend that you review your will every three to five years. Even if nothing significant has changed in your life, reviewing your estate plan regularly helps ensure it still reflects your wishes and complies with current Pennsylvania laws.
For example, perhaps your spouse and children are still alive, but your children have turned from teenagers to young adults. Because of this, you may want to shift more of the inheritance to your spouse. Alternatively, you may want to change how the inheritance is structured if a grandchild is born.
It’s also a good idea to revisit your will after any major life event. Major transitions often impact your finances, family relationships, and future planning needs. By checking in with a Pennsylvania will lawyer, you can confirm your will remains valid, up to date, and enforceable.
8 Times When You Should Remember To Update Your Will
When certain events or changes happen in your life, reviewing your will should be automatic. Under 20 Pa.C.S. § 2505, your old will can be revoked by creating a new will, physically destroying the will with the intent to revoke, or by creating a different writing that declares the old one’s revocation. Consider getting an update in the following circumstances.
- A serious medical diagnosis
- The birth or adoption of a child
- Getting married or divorced
- Relocation to a different state with different estate laws
- The death of an executor or beneficiary
- Major changes in your finances
- Changed wishes about charitable giving
- New family disputes, estrangements, or reconciliations
Tips About Making Changes To Your Will
You don’t have to keep your will the same forever. If you decide to make an update, don’t forget the following tips about changing your will.
Use Codicils for Minor Updates
A codicil is an amendment to your will that makes small changes. This is for things like updating the name of a beneficiary or changing a minor clause. To be valid, the codicil must be signed and witnessed.
Make a New Will for Major Changes
If you want to make significant changes to your will, you should draft a completely new will. For instance, a new will is likely necessary if you are restructuring your estate or switching multiple beneficiaries. By making an entirely new will, you can avoid confusion and potential disputes.
Get the Testator’s Signature
All will updates must be signed by the testator. To avoid potential disputes, it’s also a good idea to have a self-proving affidavit or two witnesses.
Revoke the Old Will
To prevent confusion, you must clearly revoke the old will. This can be done by tearing, ripping, or destroying the old will in some way. Alternatively, you can use very clear revocation language in the new will.
Avoid Handwritten or Informal Changes
If there’s a dispute in probate, crossing out a name isn’t going to be enough. All updates you make must follow Pennsylvania’s laws and regulations.
Don’t Forget To Review Your Other Documents
Updating your will is also a good time to review other estate planning documents, such as powers of attorney, advance healthcare directives, and trusts. These tools work together with your will to protect your interests.
Schedule a Consultation Today
Because Pennsylvania has strict laws governing wills, working with an experienced Pennsylvania will lawyer is the safest way to ensure your changes are legally sound. Your will needs to reflect your life today and not how your life was years ago. If you don’t keep your last will and testament in Pennsylvania up to date, your family could face unnecessary financial and legal difficulties.
At the Clause Law Group, we help individuals and families throughout Pennsylvania review, update, and protect their estate plans. Whether you’re welcoming a new child, going through a divorce, or simply haven’t looked at your will in years, our team of experienced legal professionals can help you through each step in the process.
If you’re uncertain about how to update your will, reach out to our top-rated Newfoundland estate lawyers today!
