You Found an Old Will. Now What?

August is National Make-a-Will Month, which usually brings plenty of reminders about creating a will. But what if you already have one, somewhere?

Maybe you come across a will you signed 15 or 20 years ago while sorting through old files. It names people who are no longer part of your life, refers to property you no longer own, or was prepared when your family looked very different. Perhaps you moved to Virginia since signing it and have never had anyone take another look.

Finding an old will does not necessarily mean you need to start over. It does, however, give you a good reason to find out whether the document still does what you want it to do.

Does an Old Will Expire?

A will does not become invalid simply because a certain number of years have passed. The more important question is whether it still reflects your circumstances and wishes.

Consider what may have changed since you signed it. You may have married or divorced, welcomed children or grandchildren, lost someone named in the document, bought or sold property, or experienced significant changes in your finances.

What If the Will Was Signed in Another State?

It is a possibility that a will created in another state may still be valid after you move to Virginia. Even so, state laws differ so it may not be valid, and a move can affect other parts of your estate plan as well, like your powers of attorney.

Having your documents reviewed can help identify provisions that may need to be updated and confirm that your plan still works as intended.

What If Someone Named in the Will Has Died?

An old will may name a beneficiary, executor, or another person who has since died.

If the will names an alternate beneficiary or backup executor, it may already address what should happen. If it does not, the answer can depend on the language of the will and Virginia law. For example, Virginia law can affect what happens to a gift when a beneficiary dies before the person who made the will.

This is one reason the names in an older will deserve a closer look. A document that once clearly reflected your wishes may leave different questions after the people and relationships in your life have changed.

Can You Just Write Changes on the Old Will?

Finding an outdated provision may make it tempting to cross out a name, write in a replacement, or add a note explaining what you now want.

That can create problems.

Changes to a will need to satisfy legal requirements to be effective. Handwritten edits on an existing document create uncertainty about whether the change is valid and what the person actually intended.

If something needs to change, best practice is to make the update properly rather than trying to correct the original document yourself.

An Old Will Can Still Be a Useful Starting Point

National Make-a-Will Month does not have to mean starting from scratch. If you already have a will, it can be a good reminder to find it, read through it, and consider how much has changed since you signed it.

If you have an older will and are unsure whether it still fits your circumstances or works under Virginia law, Wilson Law can review your existing estate plan and help you determine whether changes are appropriate. Call our office at 866-603-5976, or reach us through our website to schedule a consultation.