Is Your Will Outdated? Use This 5-Point Checklist

Don't let an old will put your family at risk. Use our essential checklist to know exactly when you must revise your estate plan. Review your will with confidence today!

Is Your Will Outdated? Use This 5-Point Checklist

December 01, 2025

reating a will is an essential step in estate planning, but many people make the mistake of thinking it's a one-and-done task. In reality, your will and broader estate plan should evolve as your life changes. As an expert in this field, I want to guide you through when and why to update these crucial documents, with specific considerations for residents of Australia, the UK, and the US.

The Risks of an Outdated Will

An outdated will can create significant problems for your loved ones:

  • Assets acquired after your last will may not be distributed according to your wishes
  • Changed relationships (marriages, divorces, births) may not be reflected
  • Tax laws and estate regulations change over time
  • Digital assets might be overlooked entirely
  • Guardianship arrangements may no longer be appropriate
  • Executors may no longer be willing or able to serve

"An outdated will can be almost as problematic as having no will at all," warns online will writing experts. "It creates a false sense of security while potentially failing to protect your current assets and loved ones."


Key Life Events That Trigger Will Updates

Certain life events should prompt an immediate review and possible update of your estate planning documents:


1. Marriage or Civil Partnership

In many jurisdictions, marriage automatically revokes a previous will unless that will was made in contemplation of the marriage.

  • Australia: Marriage generally revokes a prior will unless it specifically states it was made in contemplation of marriage
  • United Kingdom: Marriage or civil partnership typically revokes existing wills unless specifically made in contemplation of the union
  • United States: Rules vary by state, with some automatically revoking prior wills upon marriage and others leaving them intact

The legal implications make this a critical time to update will online or with a solicitor.


2. Divorce or Separation

Divorce significantly impacts your estate plan:

  • Australia: Divorce generally revokes any gifts to a former spouse but doesn't invalidate the entire will
  • United Kingdom: Divorce or dissolution of a civil partnership treats the former partner as having died for purposes of the will
  • United States: State laws vary, with some automatically revoking bequests to ex-spouses and others requiring a new will

Even if the law automatically adjusts for divorce, creating a new will ensures your current wishes are properly documented.


3. Birth or Adoption of Children

Welcoming new children into your family necessitates estate plan updates to:

  • Name guardians for minor children
  • Create trusts for their benefit if appropriate
  • Ensure proper distribution of assets to all children
  • Address special needs considerations
  • Update beneficiary designations on insurance and retirement accounts

In some jurisdictions, children born after a will is created may have special rights to inherit, making updates particularly important.


4. Death of a Named Beneficiary or Executor

If someone named in your will predeceases you, you'll need to:

  • Redirect bequests intended for that person
  • Name replacement executors if your primary choice is no longer available
  • Reconsider trustee appointments
  • Potentially restructure distribution plans

"When key people in your estate plan pass away, immediate updates are essential to prevent confusion and potential legal challenges," notes family legacy planning experts.


5. Acquisition or Disposal of Significant Assets

Major changes to your asset portfolio warrant will revisions:

  • Purchase or sale of real estate
  • Business acquisitions or sales
  • Receiving a substantial inheritance
  • Retirement account rollovers
  • Investment portfolio restructuring
  • Cryptocurrency investments

These changes may affect both asset distribution and tax planning aspects of your estate.

6. Relocation to Another State or Country

Moving across jurisdictional boundaries can significantly impact your estate plan:

  • Australia: Moving between states generally doesn't invalidate your will, but state-specific requirements may exist
  • United Kingdom: Moving between England, Scotland, Wales, and Northern Ireland may require updates due to different legal systems
  • United States: State laws regarding estate planning vary considerably, making updates essential when crossing state lines

International moves create even more complexity due to different inheritance laws, tax treaties, and probate procedures.

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Recommended Regular Review Timeline

Even without major life changes, experts recommend periodic reviews of your estate planning documents:

Young Adults (20s-30s)

  • Initial will creation upon reaching adulthood
  • Updates with major life events (marriage, children)
  • Full review every 5 years

Middle Age (40s-50s)

  • More comprehensive estate planning including trusts
  • Updates with children reaching adulthood
  • Consideration of aging parents' needs
  • Full review every 3-5 years

Retirement Age (60s+)

  • Detailed review of all estate planning documents
  • Consideration of advance care planning
  • Addition of advance care directive
  • Full review every 2-3 years

High Net Worth Individuals

  • Annual review with professional advisors
  • Tax law monitoring and response
  • Regular trust funding reviews
  • International considerations as applicable

"Regular reviews ensure your estate plan remains aligned with both your current circumstances and the latest legal developments," advises legacy preservation blog.


Legislative Changes Requiring Updates

Legal and tax frameworks continually evolve, potentially impacting your estate plan:

Australia

  • Changes to superannuation rules
  • Updates to capital gains tax provisions
  • Adjustments to testamentary trust regulations
  • Modifications to powers of attorney legislation
  • Digital estate laws as they develop

United Kingdom

  • Inheritance tax threshold adjustments
  • Changes to residence nil-rate band
  • Pension legislation modifications
  • Updates to trust taxation
  • Brexit implications for cross-border estates

United States

  • Federal estate tax exemption changes
  • State-level estate and inheritance tax modifications
  • Retirement account distribution rule updates (e.g., SECURE Act)
  • Healthcare directive legislation
  • Digital asset access laws

Working with knowledgeable professionals or using digital estate tools with regular updates helps navigate these legislative changes.


Digital Asset Considerations

The rapid evolution of digital assets creates special challenges for estate plan updates:

  • New types of digital assets emerge regularly
  • Platform terms of service change frequently
  • Digital inheritance laws continue to develop
  • Online memory vault services offer new storage solutions
  • Cryptocurrency holdings require specialized planning

"The digital aspect of our estates evolves faster than traditional assets, requiring more frequent review," emphasizes digital legacy vault specialists.


The Update Process: Options and Considerations

When updating your will and estate plan, you have several options:

Creating a New Will

This involves revoking your old will and creating an entirely new document. This is often recommended when:

  • Multiple changes are needed
  • Your situation has changed significantly
  • You've relocated to a new jurisdiction
  • Your old will has multiple codicils already
  • You're using a new online will maker service

Adding a Codicil

A codicil is a supplement that modifies specific provisions while leaving the rest of the will intact. This approach works when:

  • Changes are limited and straightforward
  • The existing will is otherwise satisfactory
  • Timing is critical and a full rewrite would take too long
  • You're working with the same attorney who drafted the original

However, codicils are becoming less common in the digital age, as creating a new will is often simpler and reduces the risk of confusion.

Updating Digital Estate Plans

Online estate planning platforms offer advantages for keeping documents current:

  • Simplified update processes
  • Automatic reminders for periodic reviews
  • Easy access to current documents
  • Secure storage for the most recent versions
  • Cross-jurisdictional guidance for international considerations

"Digital estate planning tools have transformed how frequently people update their wills, making the process much more accessible," notes online will writing experts.

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Special Update Considerations by Country


Australia

Australian will-makers should pay particular attention to:

  • Superannuation beneficiary designations (which operate outside the will)
  • Binding death benefit nominations (which expire every three years)
  • Changes in property ownership structures (especially for family homes)
  • Powers of attorney that vary by state
  • State-specific advance care directive requirements


United Kingdom

UK residents should focus on:

  • Changes to inheritance tax planning opportunities
  • Property ownership structures (especially joint tenancies)
  • Pension beneficiary designations
  • Lasting Powers of Attorney reviews
  • Cross-border assets within the European Union post-Brexit


United States

Americans should prioritize:

  • Estate tax exemption utilization strategies
  • State-specific inheritance considerations
  • Retirement account beneficiary designations post-SECURE Act
  • Healthcare directive compliance with state laws
  • Gun trust updates for firearms collectors


Advanced Estate Planning Updates

For those with more complex situations, consider these specialized updates:

Business Succession Planning

  • Integration with buy-sell agreements
  • Updated valuations
  • Key person considerations
  • Changes in business structure
  • Potential sale scenarios

Trust Administration Adjustments

  • Trustee replacement provisions
  • Distribution timeline modifications
  • Special needs planning updates
  • Tax optimization strategies
  • Trust protector appointments

Charitable Giving Strategies

  • Donor-advised fund contributions
  • Charitable remainder trust adjustments
  • Legacy gift designations
  • Foundation governance updates
  • Impact investment directives


Digital Tools for Keeping Estate Plans Current

Modern technology offers solutions for estate plan maintenance:

  • Online will maker services with update subscriptions
  • Digital legacy vault platforms with reminder systems
  • Online executor tools for simplified administration
  • Secure digital directive storage with controlled access
  • Online estate documents with version tracking

"Technology has made maintaining current estate plans much more manageable," explains advance health directive researchers. "Digital platforms provide structured review processes and secure storage."


Creating a Sustainable Update Process

To ensure your estate plan remains current, consider this approach:

  1. Calendar regular reviews based on your age and circumstances
  2. Create a life events checklist that triggers immediate reviews
  3. Maintain an asset inventory that's updated annually
  4. Store documents securely but accessibly using a digital legacy vault
  5. Communicate with key people about your update practices
  6. Work with professionals who provide update reminders
  7. Consider subscription services that include regular reviews

"The best estate plans include a sustainable process for keeping them current," advises advance care planning Australia experts who study these issues.

Conclusion

Regularly updating your will and estate plan isn't just a legal formality—it's a fundamental act of care for those you love. By keeping these documents current, you ensure they accurately reflect your wishes, protect your assets, and provide clear guidance to your loved ones during difficult times.

The frequency of updates should reflect your life stage, complexity of assets, and personal circumstances. However, even the simplest estates benefit from regular reviews to incorporate changing laws, family dynamics, and personal preferences.

With modern online estate planning tools, keeping your will and related documents current is easier than ever. By establishing a regular review process and responding promptly to major life events, you can ensure your legacy wishes are properly protected.

Sign up for free today to create a sustainable system for maintaining your estate plan, giving both you and your loved ones the peace of mind that comes from proper planning.

Planning your will isn’t just about assets — it’s about protecting people, values, and clarity for those you love. Alongside preparing your legal documents, explore advance care planning resources to ensure your healthcare wishes are understood, and find gentle guidance for dementia support when planning for long-term wellbeing. Reflect on what truly matters through family legacy preservation resources, and digitise your legacy with a digital legacy vault that your loved ones can trust.


When the time comes to discuss your decisions, explore nurse information and care advice, and see how advance health directive tools help formalise your choices. For those seeking remembrance, discover thoughtful online tribute options, and read about great digital family legacy tools that make it easy. Begin early, act clearly, and protect your family’s future — peace of mind starts with preparation.

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