You Don’t Have an Up-to-Date Will: Why That’s Risky and How to Fix It Fast

Life is unpredictable. One day you’re planning a vacation, and the next, a family emergency changes everything. While we often spend time organizing our schedules, homes, and even our social media accounts, many of us put off one of the most important responsibilities of all—keeping our will current.

Whether you’ve never made a will or your existing one is outdated, you’re taking a major risk. Wills aren’t just legal documents—they’re tools for protecting your loved ones, controlling your legacy, and reducing conflict and confusion after you're gone.

If your will doesn’t reflect your current wishes, your family structure, or your assets, it could cause delays, disputes, and court battles during an already emotional time. But the good news? It’s not hard to fix—once you understand why it matters and how to take action.

Why an Outdated (or Nonexistent) Will Is a Problem

Let’s be blunt: if you die without a valid will, the court decides how your estate is distributed based on your state’s laws—not based on your personal wishes.

Here’s what could go wrong if your will isn’t current:

• Assets go to people you no longer want to include (like ex-spouses or estranged relatives)
• A child, grandchild, or new spouse is left out entirely
• Minor children are placed with a guardian you never would’ve chosen
• Your estate faces higher legal fees, taxes, and court delays
• Family members fight over your belongings or money, sometimes ending up in litigation
• Someone untrustworthy ends up managing your estate

Bottom line: a will that’s missing, outdated, or unclear leaves your legacy—and your loved ones—vulnerable.

What a Will Actually Does

A will, also known as a last will and testament, is a legal document that states:

• Who receives your assets and property
• Who will care for your minor children, if applicable
• Who will be the executor (the person responsible for settling your estate)
• Any special gifts or donations you want to make
• Instructions for debts and taxes
• Final wishes for funeral or burial arrangements (optional but helpful)

Without a valid will, these decisions are made by probate courts based on a predetermined formula—which may not reflect your personal values, relationships, or goals.

Signs Your Will Needs an Update

Even if you already have a will, that doesn’t mean it still fits your life. You should review your will every 3–5 years or any time you experience a major life change.

Ask yourself:

• Have you gotten married, divorced, or remarried?
• Have you had children or grandchildren since the last version?
• Has anyone listed in your will passed away?
• Have you moved to a different state (state laws vary)?
• Have your assets changed significantly (bought/sold a house, received an inheritance, changed investments)?
• Do you still trust your named executor or guardian to handle your wishes?
• Do you want to add or remove beneficiaries?

If you answered yes to any of these, it’s time for a review—and likely an update.

Step-by-Step: How to Update or Create a Will

1. Take Inventory of Your Assets

List what you own, including:

• Real estate
• Bank accounts
• Retirement accounts and pensions
• Life insurance policies
• Vehicles
• Jewelry, collectibles, or valuable personal items

Also note debts, such as mortgages, credit cards, and loans.

2. Decide Who Gets What

Consider:

• Who should inherit each asset or category of assets?
• Will your estate be divided equally or in specific shares?
• Are there sentimental items you want to leave to specific people?

Be specific to avoid confusion and conflict.

3. Choose an Executor

This person will carry out your wishes, pay debts, file taxes, and manage your estate through probate. Choose someone:

• Responsible and organized
• Trustworthy
• Willing and able to serve (ask first)

You may also name a backup executor in case your first choice is unavailable.

4. Name a Guardian (If You Have Minor Children)

This is one of the most important parts of your will if you have children under 18. Make sure:

• The person shares your values
• They’re physically and emotionally able to care for your kids
• You’ve had an open conversation about your wishes

You can also appoint someone else to manage your children’s inheritance, known as a trustee.

5. Work with a Professional (If Possible)

While DIY will kits exist, they can leave room for error. A lawyer can help:

• Ensure your will complies with your state’s laws
• Clarify complex family situations or asset structures
• Avoid common pitfalls (e.g., improper witnessing, vague language)

Legal advice is especially valuable if you have:

• A blended family
• A business
• Significant or unusual assets
• A loved one with special needs

6. Sign and Store Your Will Properly

Wills must be:

• Signed in front of witnesses (number and rules vary by state)
• Stored in a safe but accessible location
• Communicated to your executor and family, so they know where to find it

Do not store your only copy in a locked safe deposit box—your executor may not be able to access it without a court order.

Bonus: Consider Other Essential Documents

An up-to-date will is just one part of a solid estate plan. You should also have:

• A living will or advance healthcare directive, outlining your wishes if you become unable to communicate
• A durable power of attorney, allowing someone you trust to handle finances if you’re incapacitated
• A healthcare power of attorney, naming someone to make medical decisions on your behalf
• A trust (optional but helpful for avoiding probate or managing large estates)

These documents work together to give you control and peace of mind, no matter what life brings.

Final Thoughts

If you don’t have an up-to-date will, you’re not protecting the people and legacy you care about most. But the solution doesn’t have to be difficult or expensive.

Whether you need to make small edits or create a will from scratch, the process can be completed in just a few hours—but the impact lasts a lifetime (and beyond). Don’t wait until it’s too late. Take the first step today, and give yourself and your family the gift of clarity, control, and peace of mind.

Don’t Be Afraid To Get Help

If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.