Reviewing & Updating Your Will: When should you Update

Reviewing & Updating Your Will: When should you Update

Close-up of a “Last Will and Testament” for Rahul Mehta on a desk, beside eyeglasses, conveying a serious, somber tone.

Learn when to review and update your Will in India after marriage, new assets, family changes, or other life events, with a practical Will review checklist.

Early in life, when everything seems settled, a person may create a Will carefully outlining how their assets should be distributed among their family.

At that point, the Will may accurately reflect their family structure, assets and intentions.

But life does not remain static, circumstances change.

You may get remarried, have children, purchase new property, make investments, move from one country to another, assume new obligations or have some changes in your personal or family relationships.

If your Will is not reviewed after these changes, it may no longer reflect your current circumstances or wishes.

There may arise a mismatch between your present intent and the estate planning document.

For this reason, reviewing and updating your Will should be an important part of your long-term estate planning.

A Will should be reviewed whenever significant changes occur in your family, assets or intentions—not simply treated as a document that is prepared once and forgotten.

Why Reviewing and Updating Your Will Matters A Will records your testamentary intentions at a particular point in time.

As circumstances change, those intentions may also change.

Consider someone who creates a Will while unmarried.

Years later, they remarry, have children, acquire property and build additional investments but never review the original document.

After their death, the family may discover that the Will does not address the person's later circumstances.

The issue is not necessarily that the person did not have a Will.

The problem is that the Will no longer reflects the state of affairs at a later date in life.

Regularly reviewing your Will helps identify such gaps and gives you an opportunity to make changes while you are able to do so.

When Does a Will Become Outdated?.

A Will can become outdated for several reasons.

Some of the most important scenarios are as follows, Changes in Family Structure: Marriages, divorce, having children, or even remarriages could have a profound effect on how you would like to have your property to be distributed.

Death of a Beneficiary or Executor: If a beneficiary or executor named in your Will dies, the Will may need to be reviewed to determine whether an alternate beneficiary or executor should be named and whether the remaining provisions still reflect your wishes.

Acquisition of New Assets: As time passes, you could end up buying property, growing your investment portfolio, or acquire wealth that is not included in your current Will.

It is important to review your Will and decide whether your assets and intentions are properly captured.

Changes in Relationships or Priorities: Personal relationships and financial priorities can change over time.

An individual who once was meant to be benefited by you may no longer be in your life.

Frequently asked questions

How often should I review my Will in India?
It is important that you review your Will periodically, as well as when there are major changes to your life, relationships, assets, etc.
When should I update my Will?
It is recommended that you take time to review your Will in case of marriage, re-marriage, divorce, birth of a child, death of a beneficiary/executor, changes in your assets or moving abroad.
How long is a Will valid in India?
In India, a Will does not have an expiry date. It is revocable during the lifetime of the testator and takes effect only after the death of the testator.
What is the easiest way to update a Will?
A Will can be updated either by executing a Codicil or by making a fresh Will.
Should I update my Will after remarrying?
Absolutely, it is necessary to make sure your Will reflects your new marriage so that your new spouse is properly taken care of in accordance with your latest wishes. The needs of your spouse, children from a previous marriage, and other beneficiaries must be addressed.Reviewing your Will after remarriage can help ensure that it reflects your current wishes and family circumstances.
Should I update my Will after buying property?
Yes, buying a new property is a good reason to review your Will. This will ensure that your new asset is passed onto the right person.
Can I change my Will after making it?
Yes. A testator can revoke or modify their Will during their lifetime. Changes may be made through a codicil or by executing a fresh Will, depending on the circumstances.

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