Does your will still match the life you live today? A lot can shift in a short span, and outdated documents often send assets in directions you never meant.
At Jordan & White, LLC, we have spent more than a decade helping families across Massachusetts keep their plans current and their loved ones protected.
In this article, we walk through when and why to refresh your will so it reflects both your latest wishes and current Massachusetts law.
Why Regular Will Reviews Are Important
A will is a living document, not a one-time filing. Lives evolve, assets grow or shrink, and state statutes change. By checking in on your will every so often, you keep the paperwork aligned with both your present goals and the Probate Code that governs estates in Massachusetts.
Skipping periodic reviews can leave surprises for family members, such as an ex-spouse inheriting property or new grandchildren receiving nothing. Disputes like these draw loved ones into costly probate challenges that often drain the estate and strain relationships.
General Guidelines for Will Review Frequency
Most planners suggest reading through your will every three to five years. That window strikes a balance between staying current and avoiding constant rewrites. Still, this is only a rule of thumb. If life brings rapid change, you may need a fresh look sooner.
Because probate rules differ from state to state, a brief meeting with a Massachusetts estate planning attorney helps confirm that recent court decisions or statutory updates have not undermined any clause in your will.
Life Events That Trigger a Will Update
Certain milestones all but demand a rewrite or at least a codicil. Below, we break down the most common ones.
Changes in Marital Status
Marriage often calls for adding a spouse as a devisee, a joint owner, or a trusted decision-maker. Under Massachusetts elective share laws, a surviving spouse may claim part of the estate by statute, yet that default rarely matches personal wishes, so an update brings clarity.
After a divorce, the Commonwealth automatically revokes gifts to an ex-spouse, but other designations, such as personal representative or health care proxy, remain unless you act. Removing an ex and naming a new decision-maker prevents confusion if incapacity strikes.
Birth or Adoption of Children
Welcoming a child brings two immediate tasks: naming a guardian and deciding how assets will be managed until the child reaches adulthood. Many parents set up a testamentary trust that allows funds for education and health expenses while delaying complete control until age 25 or 30.
Significant Asset Changes
Buying a home, selling a rental property, or launching a business can throw distribution plans out of balance. Each transaction should trigger a quick review to ensure the will references the right property description and direct proceeds as desired.
Changes in Beneficiaries or Executors
Relationships evolve. A devisee may pass away, develop special needs, or no longer maintain close ties. Likewise, an executor might relocate or lose capacity. Updating these roles keeps the administration smooth and reduces the odds of court intervention.
Relocation
If you move across state lines, your will is usually still valid, yet differences in witness rules, community property concepts, or estate tax thresholds can alter the outcome. A brief state-specific review avoids unpleasant surprises.
Health Changes
A new diagnosis often shifts priorities toward long-term care or special provisions for dependents. Revisiting advance directives, powers of attorney, and asset protection trusts keeps the plan responsive to changing medical realities.
Changes in Financial Status
Inheritances, stock-option windfalls, or downturns in a family business can leave old distribution percentages looking either skimpy or excessive. Adjusting the will promptly helps maintain fairness among heirs and can open new tax-saving opportunities.
Below is a quick reference chart that matches common life events with suggested actions.
| Life Event | Review Timing | Main Clauses to Examine |
| Marriage or Remarriage | Within 6 months | Devisee list, spousal share, personal representative |
| Divorce | As soon as the decree is final | Gifts to ex-spouse, guardianship, health care proxy |
| Birth or Adoption | First year of the child’s life | Guardian nomination, testamentary trust, shares of estate |
| Purchase or Sale of Real Estate | At closing | Specific bequests, residuary clause, tax clauses |
| Move to Another State | Within 1 year of the move | Witness format, tax references, and personal representative eligibility |
The Consequences of Not Updating Your Will
An old will often directs assets to the wrong people or omits newly formed trusts that could ease estate tax or protect minors. Those mistakes can place property into the hands of an estranged relative while leaving a new child unprovided for.
Guardianship gaps may force a judge to pick someone you never would, and failure to coordinate beneficiary designations with the will can invite double taxation or litigation. Out-of-date personal representatives sometimes decline to serve, causing court delays and extra bonding fees.
How to Update Your Will in Massachusetts
Massachusetts law offers two main paths for revisions. The right one depends on the scope of change and the need for clarity.
Codicil
A codicil is a short document that changes, adds, or removes specific parts of an existing will. Because the codicil must meet the same witnessing rules as the original will, many clients sign it alongside two disinterested witnesses and a notary to create a self-proving affidavit.
New Will
When alterations touch multiple sections or shift asset distributions in a significant way, drafting an entirely new will often makes better sense. The latest version should start with a clear revocation clause so no one wonders which document controls.
Regardless of the method, the signing must follow Massachusetts General Laws ch. 190B, which outlines witness presence and capacity. A brief meeting with counsel provides peace of mind that every formality has been met.
- Store the signed original in a fire-safe place, such as a lawyer’s vault or a locked home safe.
- Give copies to the named personal representative and any successor.
- Update digital asset instructions, including passwords and cryptocurrency keys.
This simple checklist keeps your plan ready for action whenever it is needed.
Ensure Your Will Reflects Your Wishes: Contact Us Today
Your life story keeps unfolding, and your estate plan should grow with it. The team at Jordan & White, LLC offers personal attention, clear guidance, and deep knowledge of Massachusetts probate rules. If your will needs a quick review or a complete rewrite, call us at 978-744-2811 or visit our Contact Us page to set up a consultation.
We look forward to helping you keep your legacy on track and your family protected.