How Often Should You Update Your Will in Michigan? Major Life Events to Consider

Have you ever paused to think about how changes in your life may affect the will you drafted years ago?

At Bassett Murray Law Group, we have spent more than 30 years helping Michigan families develop wills and other planning tools that align with present-day needs and future objectives.

We develop personal connections with our clients so we can offer guidance that fits every stage of their lives. Our goal here is to explain why occasional will updates matter and highlight the moments when a review becomes vital.

Why Updating Your Will Is Important in Michigan

A will should not be considered a final document from the moment it is signed. Instead, it requires periodic attention to remain accurate and enforceable. When wills are left untouched for too long, loved ones may face difficulties if the document no longer mirrors your wishes or is outdated under Michigan statutes. That might lead to family disagreements or assets going to unintended beneficiaries.

In addition, Michigan’s probate laws can shift over time, and outdated language may lose its effect. To help avoid confusion or legal challenges, taking the time for scheduled updates is useful. It is also wise to confirm that guardians, personal representatives, and beneficiaries are still appropriate based on your present circumstances.

  • Periodic reviews help deter family arguments and legal disputes.
  • Outdated clauses might be invalid under newly adopted laws.
  • Family dynamics change, so a past arrangement may no longer apply.

By giving your will regular attention, you can sidestep unnecessary complications and keep the distribution of your estate in line with your true intentions.

Events That Trigger a Will Review

Certain milestones prompt a fresh look at your will. If any of these scenarios happen, it is best to set up a time to revise or replace provisions so your estate plan matches your current needs.

Marriage or Divorce

A new marriage frequently involves adding a spouse as a beneficiary. It may also involve naming that individual as an executor if you prefer them to manage your estate. A divorce requires removing the former spouse from the will so there is no confusion over inherited assets. Although Michigan law automatically revokes certain provisions for an ex-spouse (Mich. Comp. Laws §700.2807), meeting with an estate planning attorney can ensure that your will has no unintended consequences.

These circumstances often signal a new chapter in your life. Taking this opportunity to revise your will can limit misunderstandings and ensure that your property is given to those who matter to you now.

Birth or Adoption of a Child

A new child brings fresh obligations. A will update lets you include your son or daughter financially and name a guardian to care for them if you pass away. Plans absolutely must specify how funds will be handled for a minor. Possible arrangements might include trusts that hold assets until adulthood. Those documents can keep property safe until it is time for your child to manage it independently.

  • Formally name a guardian who cares for the child.
  • Provide instructions on asset management during childhood.
  • Designate any property meant for that child or a trust.

These steps can give you the comfort of knowing that your child is covered, whatever the future holds.

Major Changes in Assets

Financial circumstances shift due to new property, a business sale, or changes in investments. Such times serve as a reminder to review your will and decide how to allocate any new acquisitions. For those who lose assets or downsize, an existing will might reference a property no longer owned. Too many oversights can cause confusion, so removing references to sold items or updating beneficiary designations is wise.

Death of a Beneficiary or Executor

If someone named in your will passes on, you may prefer to adjust your choices of beneficiary or executor. That person’s share of your estate might need to be transferred to another family member or a different trusted friend. The same applies when your chosen executor is no longer able or available to serve. Swift changes help keep the estate plan functional.

Changes in Relationships

Personal relationships have ups and downs. Bonds can develop with new individuals, or people once close to you might drift away. If you no longer have ties with those named in your will, it is best to update the document. Likewise, a reconciliation may prompt reinstating someone who was previously removed. Keeping the will current helps reflect your relationships as they stand now. Because these dynamics may change slowly, consider reviewing your will at least every 3-5 years.

Relocation to a Different State

Moving to another state can require adjustments to meet local rules on probate, marital property, and inheritance rights. Michigan-based wills remain valid if drafted properly, but formalities differ between jurisdictions. Seeking advice is a good idea when crossing state lines to keep your estate plan enforceable. An update ensures you meet local requirements and do not leave any property exposed to unanticipated taxes or claims.

Changes in Michigan Estate and Tax Laws

Federal or state tax regulations sometimes evolve, influencing the best approach for passing on property. If estate tax exemptions or inheritance rules are revised, prior provisions might be less effective. For example, if the threshold for federal estate tax changes, you might adjust your plan so heirs are not stuck with unnecessary tax burdens. Keeping an eye on law changes is another reason to periodically review your documents.

Methods for Updating Your Will in Michigan

There are two principal avenues for changing a will. One uses a short amendment called a codicil, while the other involves creating a fresh will. Below is a table highlighting the basic features of both approaches:

Method Advantages Points to Remember
Codicil
  • Useful for small updates
  • Less extensive drafting
  • Must follow formalities for notarization or witness signing
  • Revises or adds specific sections
Entirely New Will
  • Complete reset that revokes prior versions
  • Greater clarity when many changes are needed
  • Should explicitly revoke old versions in writing
  • All standard will formalities still apply

 

Choosing between these methods often depends on whether you want to revise just one or two small portions or overhaul the entire document. In Michigan, a valid codicil must be signed like a will under Mich. Comp. Laws §700.2502, so it still requires formal witnessing. A full rewrite gives an updated overview and revokes all past documents.

Using a Codicil

A codicil is an amendment to the original will. It might add a fresh paragraph covering a newly acquired asset, adjust a legacy, or remove someone no longer close to you. While codicils save time when tweaks are minimal, it is vital to follow official signing standards and store them with the main will. Any missteps in execution could lead to confusion or even challenges later.

This process is often selected if there are only one or two items changed. On the other hand, if major life events took place, a brand-new will could reduce confusion.

Revising the Entire Will

When too many adjustments are needed, more comprehensive rewriting might be best. A separate clause in the new will can expressly state that the old will is tossed out. That approach leaves no doubt as to which document is valid for probate. Each page must still comply with the formalities set by Michigan law. This method is often favored after large life shifts such as divorce, major asset changes, or multiple smaller updates over time.

The Value of Legal Counsel When Updating Your Will

Although some individuals attempt to make changes on their own, an attorney can provide thorough guidance to keep everything legitimate. A will attorney helps confirm that your updates meet legal standards, preventing confusion or potential disputes later. A thorough review also helps you align any revisions to fit shifting tax rules, guardianship questions, or new financial arrangements.

Legal assistance may prove indispensable if there are complicated family matters or a high-value estate. Lawyers can clarify each step, use correct signing procedures, and draft language that avoids conflicts among people who inherit from you.

Protect Your Family’s Future: Contact Bassett Murray Law Group, PLLC Today

We have dedicated decades to finding the best outcomes for the Michiganders we serve. If your will needs updates or you are ready to put one in place, call us at 734-930-9200 (Ann Arbor) or 231-427-2292 (Petoskey). You can also visit our Contact Us page to reach out.

We are invested in improving lives and will support you in making the right choices for your loved ones. Contact us soon so we can help safeguard your assets and your family.

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Bassett Murray Law Group, PLLC
2045 Hogback Road
​Ann Arbor, MI ​48105
Phone: 734-930-9200
Fax: 734-930-9942

Petoskey Office
By Appointment only
3319 Lakeside Dr S
Petoskey, MI 49770
Phone: 231-427-2292

Bassett Murray Law Group, PLLC
2045 Hogback Road
​Ann Arbor, MI ​48105
Phone: 734-930-9200
Fax: 734-930-9942