The Quick Answer
Two ways to update a will:
Option 1: Create an entirely new will (recommended). The new will automatically revokes the old one. Clean, simple, no confusion. Online: $69 at Trust & Will (see our Trust & Will review). Takes 30 minutes.
Option 2: Add a codicil (formal amendment). A separate document that modifies specific parts of the existing will without replacing it. Works for small changes. Risk: multiple documents create confusion and increase the chance of errors.
"For most people, making a new will is easier, cheaper, and safer than amending the old one. A $69 online will takes 30 minutes. A codicil requires the same witnesses and formality — for a partial fix instead of a clean start."
Update Your Will If Any of These Happened
🔔 Trigger 1: You got married
Your new spouse likely isn't in your old will. In many states, a spouse not mentioned in the will can claim a legal share anyway ("elective share") — but the result may not match your wishes.
✏️ Update: Add your spouse as beneficiary. Consider naming them executor. Update your entire distribution plan.
🔔 Trigger 2: You got divorced
Your ex-spouse may STILL be in your will — and in some states, they could inherit even after divorce if the will isn't updated. Some states automatically revoke bequests to ex-spouses; others don't. Don't gamble.
✏️ Update: Remove your ex-spouse from every role (beneficiary, executor, POA agent). Replace with your current choice. ALSO update beneficiary designations on retirement accounts, life insurance, and bank accounts — the will doesn't control these.
🔔 Trigger 3: You had a baby (or adopted a child)
A child born after the will was signed may be entitled to an intestacy share — which may not match your plan. And if you don't have a guardian named for the new child, the court decides.
✏️ Update: Add the new child as beneficiary. Update or confirm guardian designation. Consider whether distribution percentages need adjusting.
🔔 Trigger 4: A beneficiary or executor died
If the person you named as executor, guardian, or beneficiary has died, that role is empty. The backup (if you named one) steps up. If you didn't name a backup, the court appoints someone.
✏️ Update: Name a new person for the vacant role. Name a backup for the new person.
🔔 Trigger 5: You bought or sold a home
Your will may reference a specific property. If you sold it, the bequest is void. If you bought a new one, it may go through probate unless you update your estate plan (will, trust, or TOD deed).
✏️ Update: Update property references in the will. Consider a trust ($159) or TOD deed ($50-$200) for the new home to avoid probate.
🔔 Trigger 6: You moved to a different state
Will requirements vary by state — witness requirements, community property rules, tax laws, probate thresholds. A will valid in Ohio may have issues in California.
✏️ Update: Create a new will using a state-specific service for your new state. Review POA and advance directive — some states don't honor out-of-state healthcare directives.
🔔 Trigger 7: Your financial situation changed significantly
Major inheritance, business sale, retirement, large debt. Your distribution plan should reflect your current assets — not the assets you had 10 years ago.
✏️ Update: Review and adjust bequests, percentages, and residuary clause.
🔔 Trigger 8: Your relationships changed
Estranged from a child. Reconciled with a sibling. New partner (unmarried). Best friend became your closest person. Your will should reflect who matters to you NOW.
✏️ Update: Add, remove, or adjust beneficiaries. Update executor and guardian if needed.
🔔 Trigger 9: It's been 3-5 years (even if nothing changed)
Laws change. Relationships shift. Assets grow. A will that was perfect at 55 may have gaps at 62. Regular review catches issues before they become problems.
✏️ Update: Review everything. Confirm all names, roles, and distributions still match your wishes.
Which Method Should You Use?
| Feature | Codicil (Amendment) | New Will (Replacement) |
|---|---|---|
| What it does | Changes specific parts of existing will | Replaces the entire old will |
| Cost | $50-$300 (attorney) | $69 online / $300-$1,000 attorney |
| Complexity | Moderate — must reference specific sections | Simple — start fresh |
| Witnesses required | Yes — same as original will | Yes — same requirements |
| Risk of confusion | Higher — two documents must be read together | Lower — one clean document |
| Best for | One tiny change (e.g., changing executor name) | Any significant change or multiple changes |
| Our recommendation | Rarely | Almost always ✅ |
Why we recommend a new will almost every time:
- 1. A codicil costs nearly as much as a new will. Attorney codicil: $50-$300. New will online: $69. For $69, you get a clean, complete document instead of a patch on an old one.
- 2. Multiple codicils create confusion. Will from 2015 + codicil from 2018 + codicil from 2023 = three documents a grieving executor must piece together. One clean 2026 will is infinitely clearer.
- 3. Same formalities required. A codicil needs the same witnesses and (ideally) notarization as a new will. If you're going through the signing ceremony anyway, make a new will.
- 4. Online services don't do codicils. Trust & Will, LegalZoom, and FreeWill all create NEW wills — not codicils. This is by design: a new will is safer.
"The only scenario where a codicil makes sense: you have a complex, attorney-drafted estate plan with trusts, and ONE small detail needs changing. For everyone else — make a new will."
The 15-Minute Process
Step 1: Gather your current will.
Read through it. Note what needs changing: beneficiaries, executor, guardian, specific bequests, distribution percentages.
Step 2: Decide what's changed.
Use the 9 triggers above as a checklist. Mark every change needed. Most people discover 3-5 updates when they actually review.
Step 3: Create a new will.
Go to Trust & Will (or your preferred service). Start fresh. The new document takes 30 minutes and automatically includes a clause revoking all previous wills.
Affiliate link · Creates a new state-specific will that revokes the old one
Already have a Trust & Will account? Log in — updates may be free (first year) or $19/year.
Step 4: Sign the new will properly.
Same requirements as the original: your signature + 2 adult witnesses (not beneficiaries) + notarization (recommended). ALL present at the same time.
Step 5: Destroy the old will.
Physically destroy ALL copies of the previous will — shred or burn. Don't just throw them away. An old will found in a drawer after your death can create confusion, even if the new will revokes it.
Step 6: Distribute the new will.
Give copies to: your executor, your backup executor, your attorney (if applicable). Store the original in your fireproof safe or known location.
Step 7: Update beneficiary designations too.
Your will is updated — but your 401k, IRA, life insurance, and bank accounts have SEPARATE beneficiary designations that the will doesn't control. Log into each account and verify the beneficiary matches your new wishes.
⚠️ Step 7 is the one everyone forgets. Your new will says "everything to my current spouse." But your 401k still names your ex-spouse from 2015. The 401k wins. Update both.
Updating Your Will Is Only Half the Job
Your will does NOT control these assets:
- • 401k / 403b / retirement plans → goes to named BENEFICIARY
- • IRA accounts → goes to named BENEFICIARY
- • Life insurance → goes to named BENEFICIARY
- • Payable-on-death bank accounts → goes to named PERSON
- • Transfer-on-death investment accounts → goes to named PERSON
These accounts go to whoever is listed on the beneficiary form — even if your will says someone different.
The #1 post-divorce estate disaster: You update your will to remove your ex-spouse. But your 401k still names your ex as beneficiary because you forgot to update it. You die. Your ex gets the $300,000 401k. Your new spouse gets nothing from that account — because the beneficiary designation overrides the will.
After updating your will, spend 30 minutes updating every beneficiary designation. Every retirement account. Every insurance policy. Every POD bank account. This is NOT optional.
The Review Schedule
Update IMMEDIATELY after:
- • Marriage
- • Divorce
- • Birth or adoption of a child
- • Death of a beneficiary, executor, or guardian
- • Buying or selling a home
- • Moving to a new state
- • Major financial change (inheritance, business sale, retirement)
Review every 3-5 years regardless.
Even if nothing has changed, review the entire document. Laws change. Relationships evolve. Assets grow. A 5-minute review every 3 years catches issues before they become disasters.
"Put a recurring calendar reminder: 'Review will' every January 1 or every birthday. Three minutes to read it, confirm it's current, and move on."