We all know that life is fragile. Something can happen to any one of us at any time. A freak accident, a life-changing illness, a birth, a death, an investment home, a divorce — the list goes on. With life being so unpredictable, we need to make sure that we are protected and that we protect those we care about as best we can, so that things are taken care of the way you would want if something were to happen.
When something in life changes, the first thought isn’t often to dash to an estate attorney and have your will updated to reflect your new circumstances. But when should you have it reviewed?
What Is the Change?
Depending on what the change in your circumstances is, this will affect how quickly you should review your will and speak to an estate attorney. For example, if a person is diagnosed with a degenerative illness that will eventually affect their decision-making abilities, then the update really should be as soon as possible. It may be that not only do you need to change your will, but you may also need to name someone as your power of attorney so that they will be able to act on your behalf.
Adding a new addition to the family on your will means that they then have a share in whatever you are leaving behind. While it may not seem as pressing as an illness, it should still be done as soon as possible to ensure that they are treated in the way you would like in the event of your passing.
Getting married no longer ‘cancels’ any will you might have made previously. If you get married or remarried, you should have a new will drawn up immediately.
Moving homes also requires a new will to be made out, as your previous one will state a different address and how that property is to be divided in your passing.
Being Clear
Removing someone from a will is not as simple as just taking their name out. For example, if you were to remove one of two children from a will, then it could be assumed that you simply forgot to name them in the will. The child could then claim an equal share in what was left in your will. If someone isn’t to inherit anything, you must be clear and state this.
Regular Reviews
In general, it is a good idea to review your will every five years just to make sure it is still correct and nothing needs amending. Check to ensure the correct address is on file, that everyone is included in the will, and that all of your personal assets are accounted for.
In the end, you are able to make a will yourself without visiting an estate attorney; however, these are often fraught with mistakes and not legally able to stand up if disputed in a court after someone has passed away. Thus, the best way to handle the situation and make sure everything is squared away is to contact an estate attorney to draw up a new will or make edits to an existing one.