Some people create wills and other estate planning documents after a major life event and then never review them again. It is common for new parents to create wills to ensure there is a guardian to care for their children. Those who recently became homeowners may create a will to address the eventual transfer of ownership of their home after their passing.
Even though their circumstances may change substantially in the decades after they first create the will, people may never revisit their documents. When reviewing a will after someone dies, it is common to question whether its age might invalidate it.
At what point does a will become outdated?
Age alone does not affect document validity. A will does not expire or become invalid after a certain amount of time has passed since its creation. A will can potentially remain valid indefinitely.
Instead, the issue is whether or not the document has become so outdated that it did not reflect an individual’s wishes at the time of their death. For example, a will created when a testator first became a parent might only name their oldest child and not the rest of their children as beneficiaries.
In scenarios where there is evidence of an individual’s changing priorities and relationships, interested parties may be able to contest a will due to inaccuracies. Reviewing the details of a will, including any obvious omissions and the date of the signing, can help people determine if they can contest the document in probate court.
For those concerned about ensuring the validity of an older will, reviewing and updating the document every few years can be a beneficial practice. Learning more about the laws that govern wills is important for those concerned about their legacy or about their inheritance rights.