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Some people never think about writing a will, others have gone through the trouble of creating a last will and testament and filed it with their attorney, so that in the event of their death their loved ones needs are met. However, even if you have written a will, there are certain circumstances when you should draft a new will, one that supercedes your previous legal document. Doing so will prevent your will from being contested and causing your family extended and unpleasant legal battles when they could be grieving your loss.
When Marital Status Changes
Perhaps you were never married, and now have found the love of your life, or maybe you’re divorced and wrote a will with your first spouse, but are getting remarried. Any change in marital status is a perfect time to write a new will. In many states, any bequest to an ex-spouse is automatically cancelled in the event of a divorce, but in other states that simply isn’t the case and your ex-spouse, even if you were remarried, would still legally inherit anything you had bequeathed in your will. Your best rule of thumb to avoid any complexities such as these is to make a new will; in the even that you marry, divorce, or if you separate from your spouse and are considering divorce. That way, you don’t have to be up on current state laws about last will and testament issues, and the one you love will inherit exactly what you want them to, instead of having tricky legal battles after your death.
When Your Property Status Changes
If you have made specific bequests to individuals for certain items of property in the event of your death, and those items or those you intend to bequeath to them change, you will want to make a new will. For example, say you left your child an expensive tiffany lamp, and the lamp had been sold prior to your death. Your child is out of luck and will receive nothing, as the child would not be entitled to compensation for the item or a different item in your personal effects. In legal terms, the failure to receive such an item is called an “ademption”. However, specific items willed which no longer exist simply leave the person named without that item. When money is involved and there isn’t enough money to go around, other individuals named in the will for monetary bequests will have their amounts reduced. For example, say that you leave $50,000 each to your spouse, three children, and your brother but your estate only has $100,000 in it when you pass away. In this case the gifts of money in your will would then be reduced, which in legal terms is called an “abatement”. Sometimes depending on state law, abatements are not reduced equitably leading to more legal problems for those you’ve left behind. So, it is best to make a new will reflecting your current estate, any time your property holdings change significantly and you have made specific bequests.
When You Have Additional Children
Each time your family has another child, whether born naturally to you or legally adopted, you should name the new child in your will. If you fail to do this in the section of the will where you are asked to name your children, the child may have to later challenge the will in court in order to receive any of your estate. Your child would then have to prove that he or she was overlooked in the will as an heir and that the child is entitled to a substantial portion of your estate. Due to this, it is always best to make a new will whenever you have additional children and to indicate your wishes with regard to bequests to them.
When Your Child Dies, Leaving Children
Although it is unpleasant to think about, there are times when our children die before us. If any of your children die before you do, and leave children, who are your grandchildren, you should also name those grandchildren in your will. There is a specific section in the will where you are typically asked to list the children of your deceased child. You should mention them in your will even if you do not wish for them to inherit a significant portion of your property. If you do not mention them, those grandchildren may later contest your will and legally be entitled to claim a share of your estate as rightfully theirs as a legal heir. As such, you should always make a new will when your child dies, leaving children.
When You Move To A Different State
Although some rules are the same or similar in many states, others are not, and so what you may have written in your will in one state may be legally binding while in another its as effective as if you never wrote the will at all. There are two specific situations when this reason for making a new will is especially important – when you have set up a specific form of management for young beneficiaries, and when you are married and are not leaving all or most of your property to your spouse. In most cases, these two areas vary from state to state in terms of legal ramifications if you do not make a new will. So, it is always best to make a new will when you move to a different state, even if you only choose to modify these two areas of the will. It almost goes without saying that you should also make a new will if you move to a different country.
When The Person Named As Personal Guardian Is No Longer Able To Serve
This situation arises in two cases – personal guardian and manager for your minor children and their property. Your first choice as personal guardian for your minor children and the estate they’ve inherited which you chose when you were thirty may change significantly when you’re sixty. People often choose close friends who later fade out of their lives, or become unsuitable for one reason or another. At other times, the person you appointed as personal guardian has passed away. In such cases, it is always best to make a new will so that your minor children and your estate will be watched over by the person you feel most suited to do so when you are no longer able to do so yourself.
When The Person Named As Executor Is No Longer Able To Serve
The executor of your estate is also often referred to as the personal representative. This person is responsible for making sure that the provisions of your will are carried out so that your wishes are granted. Just as with the personal guardian, for one reason or another, the person you have appointed as executor of your estate may no longer be able to serve or you may find them unsuitable to serve. As such, it is always best to reevaluate the individual you have chosen from time to time, and if you find they are no longer qualified to meet your needs you should make a new will.
When Your Witnesses Move Away, Die, or Are No Longer Competent
The witnesses who you have sign your will are responsible for testifying that you will and your signature on that testament to your wishes are valid. If two or more of your witnesses move, die, or become unable to testify to the validity of your signature and fulfill their function you will want to make a new will. This is especially important if you think there is any likelihood that someone in your family may contest your will were you to pass on. Your witnesses must be adults of sound mind and people who will not inherit under your will. So, if for any reason your witnesses become incapable of fulfilling their legal function you should make a new will.
An important thing to remember if you make a new will for any of these reasons is that you should immediately sign your new will in front of your witnesses to make it legally binding. Your new will immediately supercedes any prior will and testament. As an additional safeguard, when you make a new will you should physically destroy any existing original wills as well as any copies of them.
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