How Often Should You Update Your Will in New York?

Many people create a will and assume it will serve them for life. But as your family, finances, and priorities evolve, your will should evolve too. If you live in Rochester, Brockport, or anywhere in Monroe, Orleans, or Genesee Counties, understanding when to review and update your will is critical for protecting your loved ones and ensuring your wishes are carried out properly under New York law.

At Klafehn, Heise & Johnson P.L.L.C., we regularly assist clients in reviewing and updating estate plans to reflect major life changes. Here’s a guide to how often you should revisit your will—and the events that may require an update sooner than you think.

Why Updating Your Will Matters in Rochester, NY

Your will controls how some of your assets are distributed after your death, names guardians and trustees for minor children, and outlines your final wishes. If it’s outdated, it could:

• Leave out important people who have come into your life
• Fail to remove beneficiaries who are no longer part of your life
• Overlook and fail to properly address newly acquired property, businesses, or investments
• Create confusion or conflict among surviving family members

Regular reviews ensure your will is always aligned with your current goals and circumstances. They also help avoid disputes and costly probate complications.

Need help reviewing your current will? Contact Klafehn, Heise & Johnson P.L.L.C. today.

How Often Should You Review Your Will?

A good rule of thumb is to review your will every three to five years—even if nothing major has changed. This periodic review allows you to confirm that your named beneficiaries, executors, trustees and guardians are still appropriate, and that your assets are accurately reflected.

However, you should review and likely update your will sooner if any of the following events occur:

• Marriage or Divorce: These life events significantly affect inheritance rights and should prompt immediate review.
• Birth or Adoption of Children or Grandchildren: Ensure new family members are included and named in your plan.
• Death of a Beneficiary or Executor: Remove or replace individuals who have passed away or can no longer serve.
• Major Changes in Assets: Buying a home, selling a business, or significant changes in savings or investments may necessitate updates.
• Relocation to or from New York: Each state has unique estate laws; moving can affect how your will is interpreted.
• Changes in Tax Laws: Federal or New York State tax changes may impact your estate plan.

If you’ve experienced any of these events, schedule a consultation to update your documents today.

What Happens if You Don’t Update Your Will?

Failing to update your will can lead to unintended outcomes. For example:

• Assets may pass to someone you no longer wish to include (like an ex or friend who you are no longer close to).
• People who are important to you may be left out of inheritances.
• Executors, guardians or trustees you’ve named may no longer be willing or able to serve, delaying or complicating probate.
• Newly acquired property may not be accounted for or dealt with properly, requiring court intervention.

In worst-case scenarios, an outdated will can spark family disputes or even litigation, draining your estate’s resources and causing stress for loved ones.

What’s the Process for Updating a Will in New York?

In New York, you can update your will in two primary ways:

1. Codicil: A legal amendment to your existing will. This works for minor updates, such as changing an executor or adding a beneficiary.
2. New Will: Often the better choice for significant life changes. The new will revokes and replaces the old one entirely, providing clarity and avoiding confusion.

Our attorneys can help determine which method fits your situation and ensure your updates comply with all New York legal requirements.

We can prepare your codicil or draft a new will to reflect your current wishes.

When to Review Other Estate Planning Documents

While you’re updating your will, it’s wise to review related documents, including:

• Power of Attorney: Names someone to handle financial matters, which is particularly important if you become incapacitated.
• Health Care Proxy: Appoints someone to make medical decisions if you can’t.
• Living Will: Outlines your preferences for life-sustaining treatment.
• Trusts: May need updates to align with your current goals and beneficiaries.

Coordinating these documents ensures a seamless plan for both incapacity and end-of-life situations.

Local Support for Estate Planning in Western New York

Every family’s situation is unique. Whether you’re reviewing a simple will or an extensive estate plan with multiple properties and trusts, working with an experienced local attorney ensures your documents meet New York’s legal standards and reflect your goals.

Klafehn, Heise & Johnson P.L.L.C. serves clients in Rochester, Brockport, and throughout Monroe, Orleans, and Genesee Counties. We provide clear guidance on when and how to update your will—and offer ongoing support as your life evolves.

Schedule your estate planning review today to keep your documents current and your loved ones protected.

Legal Disclaimer

This article provides general information about estate planning in New York and should not be considered legal advice. For advice tailored to your situation, contact Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. Portions of this content may be considered ATTORNEY ADVERTISING under 22 NYCRR Part 1200. Prior results do not guarantee a similar outcome.