Why Reviewing Your Will Regularly Matters: Life Changes That Should Prompt an Update
Writing a will is one of the most important steps in protecting your loved ones and planning your legacy. But it’s not a document you create once and forget about.
Life changes, and your will should change with it.
In British Columbia, a will remains legally valid until you revoke it or replace it. However, if your circumstances shift significantly, an outdated will could cause confusion, conflict, or unintended consequences after your passing.
Regularly reviewing and updating your will ensures your wishes are clear, legally binding, and in step with your current life.
At Taylor Law Group, we often advise clients to view estate planning as an ongoing process, not a one-time task. Here’s why reviewing your will matters, and the key life events that should prompt you to update it.
How Often Should You Review Your Will?
As a general rule, you should review your will every three to five years. Even if your life hasn’t changed dramatically, laws, tax rules, and estate planning best practices can shift over time.
However, a formal review is especially important whenever major life changes occur. Some events are obvious, but others might catch people off guard. Let’s walk through the most common reasons to revisit your estate plan.
Life Events That Should Trigger a Will Update
1. Marriage or Common-Law Partnership
Getting married can automatically affect your existing will. In BC, marriage no longer automatically revokes a will (this changed with updates to the Wills, Estates and Succession Act in 2014), but your new spouse may have certain legal rights to your estate, even if they aren’t included in your original will.
Starting a common-law relationship can also create obligations under the law. If you want your partner to inherit property, you’ll need to update your will accordingly.
2. Separation or Divorce
Separation and divorce have a major impact on estate plans. In BC:
- If you separate but don’t legally divorce, your ex-spouse may still have a claim against your estate unless you revise your will.
- A divorce generally revokes any gifts left to an ex-spouse and removes their right to act as executor.
However, it’s always safer to formally update your will to avoid confusion, especially if you want to clearly remove or reassign responsibilities and gifts.
3. Birth or Adoption of a Child
Welcoming a new child into your family should immediately prompt an estate review. Your will can name guardians, create trusts for minor children, and outline when and how they inherit.
Without an updated plan, your children’s future care and financial support could be left to court decisions.
4. Death of a Beneficiary or Executor
If someone named in your will passes away, whether it’s a beneficiary, executor, guardian, or trustee, you should revise your document. You may want to name a new person to take over their role or redistribute assets differently.
Failing to update these details could lead to administrative problems and disputes later on.
5. Significant Changes in Financial Situation
Major financial changes, such as:
- Buying or selling a home
- Starting or selling a business
- Receiving a large inheritance
- Substantial changes to investments
All of these events can impact how your estate is managed. You may need to rework your will to address new assets, revise distributions, or reconsider how taxes will be handled.
6. Relocation to Another Province or Country
If you move to a new province or country, it’s wise to review your will. Different regions have different rules about probate, inheritance taxes, and property ownership. A BC-based will may not fully account for the laws where you now live, or where your assets are located.
Even a move within British Columbia could mean changes, especially if property laws or family circumstances shift.
7. Changes in Relationships with Beneficiaries or Executors
Sometimes relationships evolve over time. If you are no longer close with someone named in your will, or if you form new, important connections, it’s a good idea to update your estate plan to reflect those changes.
Choosing the right executor, trustee, or guardian should always be based on current trust and availability, not past relationships.
What Happens If You Don’t Update Your Will?
An outdated will can cause more harm than good. If your will doesn’t reflect your true intentions, your family could face:
- Legal challenges and court costs
- Delays in administering your estate
- Strained family relationships
- Inheritance going to unintended people
In some cases, outdated wills can even be partially or fully invalidated if they no longer align with legal standards or if they cause significant unfairness.
Taking the time to update your plan avoids unnecessary stress for your loved ones and helps protect the legacy you worked hard to build.
How to Update Your Will in British Columbia
Updating a will is usually straightforward, but it’s important to do it properly. You have two main options:
1. Create a Codicil
A codicil is a legal document that amends part of your existing will without replacing the whole thing. It must meet all the same legal standards as a will to be valid in BC.
Codicils are useful for small updates, such as changing an executor or adding a new gift.
2. Draft a New Will
If you’re making major changes, it’s often cleaner and simpler to create a brand-new will. This avoids confusion and ensures all of your instructions are clear and up to date.
At Taylor Law Group, we can help you decide the best approach based on your specific needs and situation.
Working With a Lawyer for Peace of Mind
While it’s possible to make basic changes to a will on your own, there’s a risk of making mistakes that could create legal problems later. Working with an experienced estate lawyer provides:
- A clear, legally enforceable document
- Up-to-date knowledge of BC law
- Protection against challenges to your will
- Careful attention to your specific family and financial circumstances
We take the time to understand your full picture, including blended families, business ownership, special needs planning, and other complex situations.
Final Thoughts
Life doesn’t stand still, and neither should your will. Reviewing your estate plan every few years, and after any major life event, helps make sure your wishes are carried out just as you intend.
At Taylor Law Group, we’re here to guide you through every stage of the estate planning process, whether you’re creating your first will or updating one you wrote years ago.
Need help reviewing or updating your will?
Contact Taylor Law Group today to book a consultation with one of our experienced estate lawyers.
