When Should You Update Your Will?

A well-drafted will is more durable than most people realize. One of the goals of good drafting is to reduce how often you ever need to revisit it.

Rather than naming every child or grandchild individually, a properly drafted will uses language that covers the family as a whole. A gift to "my children in equal shares" automatically includes any child born after the will is signed. A new grandchild does not require a new will. A beneficiary dying does not necessarily require a new will either — good drafting anticipates that situation and directs what happens to the gift automatically.

That said, certain life events do call for a new will.

Marriage

This is the most important one. In Nova Scotia, marriage automatically revokes any will you made before the wedding. If you married after signing your will and have not made a new one since, you currently have no valid will. Your estate will be distributed according to provincial intestacy rules, which may bear no resemblance to your actual wishes. A new will after marriage is essential, not optional. The exception is a will made in contemplation of a specific marriage, where that intention is stated in the will itself.

Divorce

Under Nova Scotia law, any gifts or appointments to a former spouse in your will are void following divorce unless your will expressly provides otherwise. That provides some protection, but a clean, current will that reflects your actual situation is always the better answer.

A Change in Who You Want to Benefit

If your relationships or priorities have shifted and your current will no longer reflects what you actually want, make a new one.

Your Executor Is No Longer the Right Person

Executors move away, pass away, or become unable to serve. If the person you named is no longer your first choice, it is worth making a change.

Moving to Another Province

Estate laws vary across jurisdictions. A review after a move is a reasonable precaution.

What You Do Not Need to Worry About

A new grandchild does not require a new will — provided your will already leaves gifts to your grandchildren as a group rather than by name. A beneficiary dying does not necessarily require a new will either. Ordinary changes in the value of your assets do not affect your will. If your will was drafted with care and foresight, it was designed to handle the normal changes of life without constant revision.

What Updating a Will Actually Involves

Updating a will is simpler than most people expect. Your existing will is likely already on file — a change means a straightforward revision and a new signing, not starting from scratch. Any change to a will must result in a properly signed and witnessed document. You cannot cross something out on your existing will or add a handwritten note in the margin — those changes have no legal effect and can create serious confusion for your executor.

The Bottom Line

A good will, properly drafted, is designed to last through the ordinary changes of life. Marriage — which revokes your existing will entirely — divorce, a genuine change in who you want to benefit, or a change in who you trust to act as your executor: those are the moments that call for a new will.