If you have married, divorced, or welcomed a new child in New York, you should update your will promptly — these are precisely the life events that can leave an old will out of step with your wishes, your family, and New York law. A will is not a “set it and forget it” document; it is a living plan that should evolve as your life does. Below, we explain why each of these milestones matters, how New York’s Estates, Powers and Trusts Law (EPTL) treats your will when circumstances change, and how Morgan Legal Group prepares the full suite of documents that keep your estate plan accurate and enforceable across New York State.
Why Life Events Demand a Will Update
A will only takes effect at your death and must then be admitted to probate in the Surrogate’s Court. Until that moment, it reflects the family and intentions that existed when you signed it. When your family structure changes, an outdated will can produce results you never intended — assets passing to a former spouse, a new child unnamed, or a guardian designation that no longer makes sense.
Here is how the three most common milestones interact with a New York will:
| Life Event | Why Your Will May Be Affected | Recommended Action |
|---|---|---|
| Marriage | A new spouse gains a statutory right of election (EPTL 5-1.1-A) to claim a minimum share of your estate regardless of your will. An older will may also omit your spouse entirely. | Revise beneficiary designations and account for the spousal share intentionally. |
| Divorce | New York law generally revokes dispositions and fiduciary appointments in favor of a former spouse upon divorce, but relying on automatic revocation alone is risky. | Execute a new will (or a codicil) that clearly reflects your post-divorce intentions. |
| New Child | An after-born child may have statutory rights, and an existing will may not provide for the new child or name a guardian. | Update guardianship nominations and beneficiary provisions to include the child. |
Because the spousal right of election under EPTL 5-1.1-A lets a surviving spouse claim a minimum share regardless of what your will says, marriage in particular calls for deliberate planning rather than guesswork.
How New York Wills Must Be Updated — Execution Still Matters
Updating a will is not as simple as crossing out a name or adding a handwritten note. Any change must satisfy the same formal execution rules that govern the original will. Under EPTL §3-2.1, a valid New York will requires:
- The testator must sign at the end of the will (or another person may sign in the testator’s presence and at their direction).
- The will must be witnessed by at least two attesting witnesses.
- Both witnesses must sign within one 30-day period (there is a rebuttable presumption that the 30-day requirement is met).
- The testator must declare the instrument to be their will (publication).
- The testator signs in the witnesses’ presence or acknowledges the signature to each witness; the witnesses sign at the testator’s request and add their residence addresses.
These formalities apply whether you sign a brand-new will or a codicil (a formal amendment). Skipping a step — too few witnesses, a missing publication, or signatures collected outside the 30-day window — can jeopardize the entire document. For a deeper walkthrough of the signing ceremony, see our will execution overview and our NY will requirements guide.
Codicil or New Will?
A small, isolated change (such as updating an executor) may be handled by a codicil. Broader changes after marriage, divorce, or a new child usually warrant a fresh will to avoid ambiguity between layered documents. Our attorneys help you decide — learn more on our codicils and amendments page.
The Risk of Doing Nothing: Intestacy
If you let an outdated will fail — or never make a valid one — your estate may pass under New York’s intestacy rules. When someone dies with no valid will, EPTL Article 4 governs distribution to next of kin. That statutory formula may not match your wishes after a major life change. For example, intestacy does not account for a stepchild you intended to provide for, nor does it reflect a divorce you assumed had “handled itself.” Read more on our intestacy / no-will page.
A Services Overview: The Full Toolkit Morgan Legal Group Prepares
Updating a will is rarely an isolated task. A life event that changes your will often changes the rest of your plan. As a full-service estate planning firm operating across New York State, Morgan Legal Group prepares and coordinates the complete range of documents that work alongside your will:
- Last Wills and Testaments — drafted and executed to EPTL §3-2.1 standards. Start with our will drafting overview.
- Codicils and amendments — for targeted, formally valid changes to an existing will.
- Revocable living trusts — to manage and transfer assets, often outside probate.
- Powers of attorney — authorizing someone to act on your financial and legal matters.
- Health care proxies and a living will — note that a living will is a separate health-care / end-of-life document, not a property will; the two should never be confused.
- Guardianship nominations — critical when a new child enters the family.
- Beneficiary and account coordination — aligning non-probate assets with your will.
Because these documents interact, a marriage, divorce, or new child is the ideal moment to review them as a coordinated whole — not one form in isolation. That is the breadth Russel Morgan, Esq. and the Morgan Legal Group team bring to every New York estate plan.
Frequently Asked Questions
Does getting married automatically update my will in New York?
No. Marriage does not rewrite your will for you. However, your new spouse gains a statutory right of election under EPTL 5-1.1-A to claim a minimum share of your estate regardless of your will, so you should update the document to reflect your spouse intentionally.
Do I need a whole new will, or can I just add a codicil?
It depends on the scope of the change. A minor update may be handled by a codicil, but significant changes after divorce or a new child usually warrant a new will to avoid conflicts between documents. Both must be executed with the same EPTL §3-2.1 formalities.
Is a “living will” the same as the will that distributes my property?
No. A living will is a separate health-care and end-of-life document. The will that distributes your property takes effect at death and must be admitted to probate in the Surrogate’s Court. They serve entirely different purposes.
What happens if I never update my will and it is found invalid?
If you die with no valid will, your estate passes under New York’s intestacy rules in EPTL Article 4, which distribute property to your next of kin by a fixed statutory formula — which may not match your wishes after a major life change.
Schedule Your Will Review with Morgan Legal Group
Marriage, divorce, and a new child are exactly the moments to make sure your will — and the documents around it — still say what you mean. Russel Morgan, Esq. and the Morgan Legal Group team serve clients across New York State and prepare the full range of estate planning documents under one roof.
Book your 30-minute consultation with Russel Morgan, Esq. and update your plan with confidence.
Further reading from Morgan Legal Group: why estate planning is so important.