The best time to update your estate plan is after any major change in your family, finances, or home state, and in any case every few years. Here are five life events that often leave a plan out of date, plus one detail that catches many people by surprise: beneficiary designations can override your will.

When should you update your estate plan?

You should update your estate plan whenever a major life event changes who you want to benefit, who you trust to act for you, or what you own. Many people also review their plan every three to five years even without a big change, because laws, relationships, and assets shift over time.

An “estate plan” usually includes a will or living trust, a financial power of attorney, a healthcare directive, and beneficiary designations on accounts and insurance. Each piece should be checked, not just the will.

1. Does getting married or divorced affect my will?

Yes. Marriage and divorce can change how your existing documents work, sometimes automatically and sometimes not at all, and the rules differ by state. After either event, it is wise to review every document rather than rely on the law to fill the gaps.

Marriage. A new spouse generally has certain inheritance rights, and a will written before the marriage may not reflect your wishes. In Maryland, a will is revoked if you later marry and then have, adopt, or legitimate a child who (or whose descendant) survives you (Md. Code, Est. & Trusts § 4-105).

Divorce. Whether a divorce removes an ex-spouse from your plan depends on where you live and on the type of document. See the state breakdown below.

2. Should I update my estate plan after having a baby?

Yes. A new child, whether by birth, adoption, or joining a blended family, is one of the most common reasons to update a plan. You will likely want to name a guardian, decide who manages money for the child, and confirm your beneficiaries include (or intentionally exclude) the new family member.

Many older wills name specific children by name, which can unintentionally leave out a child born or adopted later. For more, see: Naming a Guardian for Your Kids: What Every Parent Should Know.

3. Is my will still valid if I move to another state?

Usually yes. A will that was valid where you signed it is generally recognized in other states, but moving between Maryland, D.C., and Texas can still change how your plan works in practice. It is a good moment for a review.

A few differences worth knowing:

• Property rules. Texas is a community property state, which generally treats most property acquired during marriage as owned equally by both spouses. Maryland and D.C. follow different rules, so a move can affect what you can leave and to whom.

• Probate procedures. Texas wills often include language allowing “independent administration,” which can simplify probate there. A Maryland or D.C. will may lack that language.

• Powers of attorney and healthcare directives. Each jurisdiction has its own forms and signing rules. Out-of-state documents are often honored, but banks and hospitals are generally more comfortable with local forms.

• Guardianship tools. Texas, for example, lets parents name a guardian in a separate written declaration, while Maryland and D.C. offer standby guardianship.

4. Do I need to update my plan after buying a home or starting a business?

Often, yes. Buying real estate, especially in a second state, or starting or buying into a business, can change how your estate would be handled and whether a living trust makes more sense.

Real estate owned in more than one state can require probate in each state. A living trust that holds the property can help avoid that, but only if the property is actually deeded into the trust.

For a business, your plan should address who can step in to manage it, how ownership passes, and whether your LLC operating agreement or buy-sell terms line up with your will or trust.

5. What if someone named in my plan dies, becomes ill, or falls out of touch?

Update your plan. If an executor, trustee, guardian, agent under a power of attorney, or beneficiary dies, becomes incapacitated, moves far away, or is no longer someone you trust, the plan may not work the way you intended.

If you named backups, the plan may still function, but it is worth confirming that your alternates are still the right choices. If you did not name backups, a court may end up choosing someone for you.

Does divorce automatically remove an ex-spouse in Maryland, D.C., and Texas?

Sometimes, and the three jurisdictions treat it quite differently. None of them makes updating your documents unnecessary.

Maryland

A divorce or annulment after you sign your will revokes the provisions relating to your former spouse, unless the will or the decree says otherwise (Est. & Trusts § 4-105). Maryland also revokes a former spouse’s benefits and roles under a revocable trust for divorces on or after October 1, 2016 (§ 14.5-604), and ends a spouse’s authority as agent under a power of attorney once a divorce, annulment, or legal separation action is filed, unless the document says otherwise (§ 17-112).

However, Maryland does not appear to have a general statute automatically revoking beneficiary designations, such as life insurance, retirement accounts, and payable-on-death accounts, that name a former spouse. Those designations should be changed directly.

Washington, D.C.

D.C. does not appear to have a statute that automatically revokes a will’s provisions for a former spouse. D.C. courts have held that divorce alone may not be enough to revoke a will by implication, though a property settlement may lead to a different result. D.C. does end a spouse’s authority under a power of attorney once a divorce, annulment, or legal separation action is filed, unless the document provides otherwise (D.C. Code § 21-2601.10).

For D.C. residents, updating your will and beneficiary designations after a divorce is especially important.

Texas

Texas has broader automatic rules. After a divorce or annulment, a will generally treats the former spouse, and the former spouse’s relatives who are not your relatives, as if they had died before you (Tex. Estates Code § 123.001). Similar rules apply to revocable trusts (§ 123.052) and to a spouse serving as agent under a durable power of attorney (§ 751.132).

Texas law also generally makes a pre-divorce designation of a former spouse as beneficiary of life insurance or certain retirement accounts ineffective, unless the decree names the former spouse, you re-designate them after the divorce, or the designation is for a child or dependent (Tex. Family Code §§ 9.301, 9.302).

One important limit applies everywhere: for many employer retirement plans governed by federal law (ERISA), the U.S. Supreme Court has held that state revocation-on-divorce statutes are preempted, so the plan generally pays whoever is named on its form (Egelhoff v. Egelhoff, 532 U.S. 141 (2001)). Updating the form itself is the safest course.

Do beneficiary designations override a will?

Yes, in most cases. Life insurance, retirement accounts, annuities, and payable-on-death or transfer-on-death accounts pass directly to the named beneficiary, generally regardless of what your will says. An outdated form can send money to an ex-spouse or to someone who has died, even if your will is current.

When you update your plan, review every beneficiary form at the same time. For more, see: Assets That Skip Probate: Joint Accounts, Beneficiary Designations, and Trusts.

Frequently asked questions

How often should I review my estate plan?

Many people review their plan every three to five years, and sooner after a major life event. A quick review can confirm nothing needs to change.

Can I just write changes on my existing will?

Generally no. Handwritten changes on a signed will can be invalid or can create confusion and disputes. Changes are usually made with a formal amendment (a “codicil”) or a new will signed with the required formalities.

Do I need a new plan if I move from Maryland or D.C. to Texas?

Not always, but a review is worthwhile. Your will may remain valid, while your powers of attorney, healthcare directive, and property planning may benefit from Texas-specific documents.

What should I update first after a divorce?

Many people start with beneficiary designations, powers of attorney, and healthcare directives, since those can take effect quickly, and then update their will or trust. Any divorce decree or settlement terms should be followed when making changes.

Talk it through with us

Life changes, and your plan should keep up. We can review what you already have, flag what may be out of date, and help you update it with clear, flat-fee pricing, often remotely. Learn more on our Estate Planning page.

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This article is general information, not legal advice. Reading it does not create an attorney-client relationship.