When to Consider Revisions to Your Estate Planning Documents

Estate‑Plan Checkpoints: When to Update

If you just signed your estate planning documents, congratulations!  Perhaps one of our prior blogs motivated you.

Now you feel done, mission accomplished — and no desire to do it again.  But don’t adopt the “set-it-and-forget-it” mindset.  Take the smarter path and confirm from time to time that your plan still aligns with your goals, so your heirs receive a thoughtful, well-prepared legacy.

Regular Proactive Review:  In general, review your will, trusts, powers of attorney, beneficiary designations, etc. every 3 to 5 years, even when there’s no apparent changes in your world.  It is preferable to have this review with your attorney, for there could be changes in the law, especially tax laws, that, for better or for worse, call for a needed change.

Hardly motivating, I know. So, except for a lengthy trip or serious visit to the emergency room, what would encourage you to genuinely consider updating your estate plan?  Here are some key triggers which should compel you to make changes.

Trigger-Based Updates:   You should revisit your plan immediately after any of these key life events:

🔹 Family & Personal Life

• Marriage and remarriage.  The results in legal status and beneficial rights can shift drastically and be surprising.  In Texas, once married, you and your spouse will be subject to the community property system. You may need to consider an agreement in contemplation of marriage to make your intended estate plan wholly effective.
• Pending Divorce. Do you really want your estranged spouse to make medical decisions for you if you become incapacitated, or to inherit your assets if you die while the divorce is pending? You may even need to consider making changes before filing for divorce, in case the court freezes your ability to do so while divorce proceedings are ongoing.
• Divorce Finalized. You may need to take further action to end all benefits and appointments in favor of your spouse after you are divorced. There are statutes that attempt to do this for you, but they are not foolproof.  Further, your divorce decree or agreement may require you provide certain benefits to your ex-spouse and/or children in your estate plan.
• Death. The death of a spouse, child or other beneficiary, or of one of your named fiduciaries, such as your executor, trustee, guardian, or one who holds your financial or medical power of attorney are high reasons for a review.
• Health issues. The same is true if any of those persons become disabled or are experiencing declining health, whether physical or mental.  Your own declining health is another trigger.
• Estrangement or growing distrust in fiduciaries or beneficiaries should sound alarm bells.  This also includes if you simply lose touch with those persons.  Similarly, when a beneficiary has been identified as a spendthrift, benefits should be under the control of a trustee.  Special planning is also needed for a beneficiary who has substance abuse problems.
• Birth or adoption.  These can trigger the need to name guardians, update trusts and beneficiaries. If a child or grandchild is placed for adoption or is born out of wedlock, special drafting may be needed to include or exclude them, depending on your wishes.

🔹 Financial Changes

• In the event of your own inheritance, windfall, business sale, or dramatic loss, you likely need to adjust distributions, tax planning, and trust structures. This includes a fire or natural disaster destroying an asset of particular value and causing an imbalance in benefits among beneficiaries.
• Major real estate or asset changes, including refinancing, can change the outcome of certain provisions in your documents, such as who receives specified assets and which assets pay your debts.

🔹 Location & Logistics

• If you move to a new state or country, legal differences may change the effect of certain provisions or void entire documents.
• If your fiduciary becomes unavailable due to age, health, distance, or re-location, make sure you have acceptable alternates named.

In short, keeping your estate plan up to date avoids surprises by being: (1) aligned with current wishes and life changes, (2) compliant with updated laws and regulations, and (3) assured the fiduciaries you have named to act are ready, willing, and able.

Treat your estate plan as a living, evolving process. Timely reviews are essential after major life events or legal changes, and periodic check-ups will help ensure your legacy stays on track.

Article by Shyla R. Buckner

Sprouse Shrader Smith PLLC
July 2025