How Often Should I Update My Will?
Signing a will is not a one-time event you can file away forever. Life keeps moving, and a will that perfectly reflected your wishes a decade ago can quietly become a mismatch for the family and finances you have today. The Law Office of Chad Foster helps Snohomish County families with wills and trusts.
A Simple Rhythm: Every Few Years, and After Big Changes
There is no law requiring you to revisit your will on a set schedule, so the honest answer is about judgment rather than a fixed number. A sensible rhythm for most people is a review every three to five years, plus a prompt review whenever a major life event occurs. Even if nothing has changed, a periodic look confirms that your named executor is still willing and able, that your beneficiaries are still the right people, and that the plan still matches your intentions. Once a review identifies changes, use a valid method to amend or replace the will.
The more important trigger is the life event. Certain changes are significant enough that you should not wait for your next scheduled review to address them.
Marriage, Divorce, and Changes in the Family
Getting married, getting divorced, or entering or dissolving a domestic partnership all reshape who should inherit and who should be in charge of your estate. Washington law does adjust some of these situations automatically, but relying on the default rules is a poor substitute for a deliberate plan. Divorce needs special attention because it can revoke certain will provisions and beneficiary designations.
The birth or adoption of a child is one of the clearest reasons to update a will, and Washington law illustrates exactly why. If your will was signed before a child was born or adopted and it neither names nor provides for that child, the child may be entitled to a share of your estate as an "omitted child." Under RCW 11.12.091, a child born or adopted after the will's execution who is not named or provided for must receive a share of the estate, calculated as if you had died without a will, "unless it appears either from the will or from other clear and convincing evidence that the failure was intentional."
That protection is helpful, but it is a safety net, not a plan. It can force a distribution you never chose and invite disputes over what you actually intended. Updating your will after a new child arrives lets you decide the terms yourself instead of leaving them to a statute and a judge.
Marriage carries a parallel rule. Under RCW 11.12.095, a spouse or domestic partner whom you marry or partner with after signing your will, and who is neither named nor provided for, may take a share of your estate as an "omitted spouse" or "omitted domestic partner," again calculated as if you had died intestate, unless the evidence shows the omission was intentional. In other words, if you sign a will and later remarry without revising it, Washington may rewrite part of your plan for you. It is far better to make that decision on purpose.
The death of a beneficiary or of your named executor is another important trigger. If the person you chose to carry out your wishes has passed away or is no longer able to serve, or if someone you intended to inherit is gone, your will needs to reflect the new reality so your estate does not end up with gaps.
Money, Property, and Moving
Big changes in what you own also warrant a fresh look. Buying a home in Everett or Marysville, selling a business, receiving an inheritance, or a substantial change in the size of your estate can all mean your will no longer distributes things the way you would want. A gift of a specific asset you no longer own, for example, can create confusion, and a plan built around a modest estate may not fit a much larger one.
Moving to a new state deserves special attention. Wills valid where they were signed are generally honored elsewhere, but a will drafted under another state's law may not account for Washington's community property system or its specific probate procedures. If you have relocated to Snohomish County from somewhere else, having your existing will reviewed under Washington law is a smart step, even if the document remains technically valid.
Codicil or a New Will?
When you do decide to make a change, you have two options. A codicil is a short, separate document that amends a specific part of your existing will while leaving the rest intact. A codicil must be signed and witnessed with the same formalities as a will, so it is not a casual note you jot down.
For a small, discrete change, such as swapping out an executor, a codicil can work. But in the era of word processing, many attorneys prefer to prepare a fresh will rather than layer a codicil on top of an old one. A clean, restated will avoids the confusion that can arise when a codicil and the original document have to be read together, and it reduces the chance that someone later misreads how the pieces fit. If your circumstances have changed significantly, a new will is often the cleaner path.
Keep Your Plan Current
A will works best when it keeps pace with your life. Reviewing it every few years and after every major event, marriage, divorce, a new child, a death in the family, a big change in assets, or a move, keeps your plan aligned with your wishes and helps your family avoid the surprises that Washington's omitted heir statutes are meant to catch. If it has been a while since you looked at yours, the Law Office of Chad Foster can help you review and update it. Reach out whenever you are ready.
Need help with a estate planning matter in King or Snohomish County? Learn about our wills, trusts, and estate planning services, or call 425.785.8679 for a consultation.