10 Signs You Need to Update Your Will (And How to Know for Sure)

More than half of American adults do not have a basic will. If you have one, you are already ahead: but an old will may not protect the people or property you care about today. Your family, finances, relationships, and goals can change quickly. A will that made sense five or ten years ago may now name the wrong beneficiaries, leave out important assets, or give decision-making authority to someone you no longer trust.

If you live in Raleigh, Durham, or elsewhere in North Carolina, use the following 10 signs that you need to update your will.

> Important North Carolina reminder:  Life events do not automatically rewrite your estate plan. You generally need to formally execute a new will or a valid codicil with the required legal formalities. Although North Carolina law may revoke certain provisions after an absolute divorce or annulment, that limited statutory effect does not update your entire estate plan.

1. You got married, divorced, or separated

Marriage is one of the clearest reasons to review your will. You may want to provide for your spouse, change your executor, or revise how property passes to children from a prior relationship.

Divorce or separation is equally important. If your will still names your spouse as your:

• Beneficiary

• Executor or personal representative

• Trustee

• Guardian for minor children

• Agent under related estate documents

you should review it promptly.

Under North Carolina General Statute § 31-5.4, an absolute divorce or annulment generally treats a former spouse as having predeceased you for purposes of provisions in your will, unless your will states a contrary intent. That does not mean your entire plan is updated.

Avoid a dangerous assumption: divorce may not change your life insurance, retirement plan, IRA, pension, or payable-on-death beneficiary designations. You must review those accounts directly.

2. You welcomed a child or grandchild

A birth or adoption should trigger an immediate estate plan review. Your existing will may not mention the new child or grandchild, and its distribution language may not work the way you expect.

You may need to:

1. Add the child or grandchild as a beneficiary.

2. Name a guardian for a minor child.

3. Select a trustee to manage inherited property.

4. Decide when and how a young beneficiary should receive money.

5. Coordinate your will with life insurance and retirement accounts.

   
   

Without clear instructions, your family could face unnecessary court involvement, disputes, or an inheritance structure that does not fit your child’s age and needs.

A will is particularly important if you have minor children because it is the primary document used to nominate a guardian. A trust can manage assets, but it generally does not replace the guardianship provisions in your will.

3. A beneficiary, executor, trustee, or guardian died or can no longer serve

People named in your will may no longer be available. They may have died, become seriously ill, moved far away, or told you they cannot take on the responsibility.

Review your documents if:

• Your executor has died or is no longer trustworthy.

• Your named guardian is no longer able to care for your children.

• Your trustee has financial, health, or personal limitations.

• A beneficiary has died.

• Your backup people are no longer appropriate.

  
  

If you fail to name suitable alternatives, the court may need to appoint someone: or your property may pass under a backup provision you never intended to use.

Action step: Contact every person named in your plan and confirm that they are still willing and able to serve. Then name at least one appropriate alternate.

4. Your net worth or financial situation changed significantly

Your estate plan should reflect what you own now: not what you owned when you signed it.

A review is especially important after:

• Receiving an inheritance

• Selling a business

• Receiving a large settlement

• Buying investment property

• Retiring

• Accumulating substantial savings

• Taking on major debt

• Receiving a significant life insurance policy

  
  

A major change in wealth may affect tax planning, creditor protection, charitable giving, and whether a will-only plan remains appropriate.

Your estate planning attorney should also review whether a will vs. trust strategy makes sense. A trust may be useful if you own complex assets, property in multiple states, or want greater privacy and control over distributions. Learn more in Will vs. Trust in North Carolina.

5. You bought, sold, or refinanced major assets

A will does not automatically transfer every asset you own. Your estate plan must coordinate with how property is titled and whether an account has a beneficiary designation.

Review your will after you:

• Buy or sell a home

• Purchase property in another state

• Refinance real estate

• Start or sell a business

• Acquire rental or commercial property

• Buy valuable personal property

• Change ownership of bank or investment accounts

  
  

For example, you may have intended to leave a particular home to one child, but you later sold it and purchased another property. Your will may need updated language so the new asset is distributed fairly and clearly.

If you own an LLC, corporation, or professional practice, include business succession planning in the review. Your operating agreement, buy-sell agreement, business valuation, and estate documents should work together.

6. You moved to North Carolina: or moved out of state

Moving across state lines is a strong reason to have your will reviewed by an attorney in your new state.

A will properly executed elsewhere may still be recognized in North Carolina, but that does not guarantee that every provision works as intended under North Carolina law.

Differences may affect:

• Witness and notarization practices

• Executor qualifications

• Trust administration

• Community-property issues

• Real estate located in another state

• Probate procedures

  
  

If you recently moved to Raleigh, Durham, or another North Carolina community, do not simply place your old will in a drawer. Have a North Carolina estate planning attorney review the entire plan.

You should also be aware that owning real estate in multiple states can create additional probate proceedings. A properly structured trust may help simplify administration in some situations.

7. Federal tax laws changed

Tax law can affect how your will and other documents should distribute property. In July 2025, the One Big Beautiful Bill Act changed the federal estate and gift tax framework. According to the IRS, the federal basic exclusion amount is $15 million per individual for 2026, subject to future inflation adjustments.

That higher exemption does not mean tax planning is irrelevant. Your plan may still need to address:

• Federal estate and gift tax exposure

• Portability between spouses

• Lifetime gifting

• Business ownership

• Charitable gifts

• Generation-skipping transfers

• State and federal income-tax consequences

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You should review your will after major tax legislation or if your estate is growing toward the federal threshold. Estate planning is closely connected to tax planning, and your attorney may need to coordinate with your tax professional.

8. Your family relationships or dynamics changed

Family circumstances can shift even when your legal status does not. You may have become estranged from a beneficiary, reconciled with a family member, entered a blended family, or taken responsibility for an aging parent.

These changes can affect your choices about:

• Who should inherit

• Who should serve as executor

• Whether a beneficiary should receive property outright

• Whether distributions should be held in trust

• Who should care for minor children

• How to reduce the risk of family conflict

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Do not rely on informal promises or handwritten notes. If your wishes have changed, document them correctly.

A clear plan can reduce confusion during estate administration in North Carolina, when your family may already be dealing with grief and court deadlines.

9. Your health or caregiver situation changed

A serious diagnosis, disability, aging-related concern, or new caregiving responsibility should prompt a broader estate planning review.

Your will controls what happens after death, but it does not authorize someone to manage your finances or make health-care decisions while you are alive. You may also need to update:

• Durable financial power of attorney

• Health-care power of attorney

• Living will or advance directive

• HIPAA authorization

• Trust provisions

• Long-term-care and asset-protection planning

  
  

For an overview of the documents you may need, review Power of Attorney Types in North Carolina.

Warning sign: If your family would not know who can access your accounts, speak with your doctors, or manage your business during incapacity, your plan likely needs attention.

10. Your children reached adulthood

When your children turn 18, your estate plan may need a major transition. The guardian provisions designed for young children may no longer be the best fit, but that does not mean you should remove your children from your plan.

You may want to:

1. Update guardianship provisions for younger children.

2. Name adult children as beneficiaries.

3. Decide whether an inheritance should be held in trust.

4. Add or revise successor executors.

5. Update health-care and financial agents.

6. Review beneficiary designations for retirement and insurance accounts.

   
   

An adult child may be legally capable of receiving an inheritance but not financially prepared to manage it. Thoughtful trust provisions can provide support without creating unnecessary restrictions.

How often should you update your will?

Even if none of these events occurred, review your estate plan every three to five years. Laws, assets, relationships, and family needs can change gradually.

During your review, confirm that:

• Your will is signed and properly witnessed.

• Your executor and alternates remain appropriate.

• Your beneficiaries are correct.

• Your guardian nominations still make sense.

• Your retirement and insurance beneficiaries match your will.

• Your powers of attorney are current.

• Your business and tax plans are coordinated.

  
  

Do not make handwritten changes to a signed will. A handwritten note may create confusion or fail to change the legal document. Work with an estate planning attorney to prepare and execute a new will or valid codicil.

Update your will with a North Carolina estate planning attorney

Your will should reflect your life today: not your life several years ago. Whether you need a simple update, a new will, a trust review, or coordinated business and tax planning, The Law Office of Katie A. Lawson, PLLC can help.

Our firm assists clients with estate planning, tax controversy, business law, and bookkeeping, giving you a practical place to address connected legal and financial issues. We can help you review beneficiary designations, plan for business interests, coordinate tax concerns, and prepare documents designed for your family’s needs.

If you live in Raleigh, Durham, or elsewhere in North Carolina, contact The Law Office of Katie A. Lawson, PLLC to schedule an estate planning consultation. A timely review can give you and your loved ones greater clarity, control, and peace of mind.