Your will was accurate the day you signed it. But life changes — and when it does, your will needs to keep up. A will that reflected your life five or ten years ago may no longer reflect your wishes today.
How often should you update your will in Florida?
The general rule of thumb among estate planning attorneys is to review your will every five years — and immediately following any major life change. A five-year review gives you the opportunity to catch smaller shifts: a beneficiary's changed circumstances, an asset you sold, an executor who has become unavailable.
What life events should trigger a will review?
- Marriage — Florida law does not automatically revoke a prior will upon marriage, but your new spouse almost certainly needs to be addressed in your plan.
- Divorce — Florida law does revoke provisions benefiting a former spouse upon divorce, but the rest of your plan may need significant revision.
- Birth or adoption of a child or grandchild — A new family member may not be covered by an older will.
- Death of a beneficiary or executor — If a named person predeceases you and your will does not address this, the result may not be what you intended.
- Major changes in assets — Selling a business, buying real estate, receiving an inheritance.
- Health changes — A serious diagnosis may change your priorities around healthcare directives and powers of attorney.
- Relocation to Florida — If you moved from another state, have your documents reviewed by a Florida attorney.
What happens if you don't update your will?
- Assets going to the wrong person — A beneficiary named in your will may be someone you are now estranged from, or who has already passed away.
- An unavailable executor — If your named executor can no longer serve, the court will appoint someone — and that may not be who you would have chosen.
- Family conflict — Ambiguity in an outdated will invites disputes. Litigation among heirs is expensive, slow, and damaging to family relationships.
- Florida intestacy law filling the gaps — For any portion of your estate not covered by your will, Florida's default inheritance rules apply.
How do you update your will in Florida?
There are two ways to update a Florida will:
- Codicil — A formal amendment to an existing will, executed with the same formalities (signed, witnessed, notarized). Works well for minor changes.
- New will — For significant changes, it is usually cleaner to draft a new will that expressly revokes all prior versions. This eliminates any ambiguity about which document controls.
A will review appointment is also the right time to revisit your durable power of attorney, healthcare surrogate designation, living will, and beneficiary designations on life insurance and retirement accounts. These documents work together — updating just the will while leaving outdated designations in place can still produce unintended results.
At Lauren Richardson Law, we make will reviews straightforward. Whether you need a minor update or a complete overhaul, Lauren will take the time to understand what has changed in your life and make sure your documents reflect exactly what you want.