If you have recently married, divorced, or welcomed a new child in New York, you should update your will as soon as you reasonably can — and in most cases, you should not wait. A major life event changes who depends on you, who you want to inherit, and who you trust to manage your affairs, but your existing will does not change on its own to match. New York law adjusts some things automatically (a divorce, for example, generally revokes gifts and fiduciary appointments to your former spouse), yet it leaves many gaps that only a properly executed update can close. This guide gives you a practical, checklist-style walkthrough of exactly what to do next, what to review, and how to make sure your updated will is legally valid under New York’s Estates, Powers and Trusts Law (EPTL).
Why Life Events Make an Old Will Risky
A will is a snapshot of your wishes at the moment you signed it. When your family changes, that snapshot can become inaccurate — or even counterproductive. Consider what happens when the document no longer reflects reality:
- Marriage: Your new spouse may not be named at all. Even if you intend to leave everything to someone else, New York’s spousal right of election (EPTL 5-1.1-A) generally lets a surviving spouse claim a minimum share of your estate regardless of what your will says. Planning around this is far better than discovering it after death.
- Divorce: Under New York law, divorce typically revokes provisions in favor of a former spouse and any appointment of that spouse as executor or trustee. But other parts of the document may now make little sense, and contingent beneficiaries or guardianship choices may need rethinking.
- New child: A child born or adopted after your will was signed (an “after-born” child) may have statutory protections, but relying on default rules is a poor substitute for naming your child, choosing a guardian, and structuring how and when they inherit.
If you have no will at all, your property passes under New York’s intestacy rules in EPTL Article 4 to your next of kin in shares fixed by statute — not necessarily the way you would choose. You can read more on our intestacy and dying without a will page.
Your Step-by-Step Update Checklist
Use this checklist to move from “I should update my will” to a signed, valid document.
- Locate your current will and read it carefully. Note the date it was signed, who is named as executor, who the beneficiaries are, and any guardianship designations.
- List what has changed. Marriage, divorce, new child, a death in the family, a move into New York, or a significant change in assets all matter.
- Re-examine your beneficiaries. Add your new spouse or child where intended; remove or adjust gifts that no longer reflect your wishes.
- Reconsider your executor and trustees. A former spouse should usually be replaced. Name a backup as well.
- Choose a guardian for minor children. This is often the single most important reason new parents update a will. Name a primary and an alternate.
- Address the spousal right of election. If you do not intend to leave your spouse the statutory minimum, get advice on how that interacts with EPTL 5-1.1-A before you sign.
- Decide: codicil or new will. For a small, isolated change, a codicil (a formal amendment) may work; for broad changes, a fresh will is cleaner. See our codicils and amendments overview.
- Execute the document correctly. This is where many DIY updates fail — see the execution rules below.
- Coordinate non-probate assets. Update beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts. A will does not override these.
- Store the signed original safely and tell your executor where to find it.
Codicil or New Will: How to Choose
| Situation | Often Best Handled By |
|---|---|
| Changing one specific gift or a single executor name | A codicil |
| Removing a former spouse and reworking beneficiaries | A new will |
| Adding a new child and naming a guardian | A new will |
| Multiple amendments stacked over the years | A new will (consolidates and reduces confusion) |
A codicil must be executed with the same formalities as a will. Because a stack of codicils can create ambiguity, many people find a clean new will simpler. Our will drafting overview walks through both paths.
Getting the Execution Right Under EPTL §3-2.1
An updated will is only as good as its execution. New York sets specific formalities in EPTL §3-2.1, and skipping a step can invalidate the entire document. To be valid, your updated will must meet these requirements:
- At least two attesting witnesses must witness the signing.
- The two witnesses must both sign within one 30-day period (there is a rebuttable presumption that this 30-day requirement is met).
- The testator signs at the end of the will — or another person may sign in the testator’s presence and at their direction.
- The testator must declare the document to be their will (this is called publication).
- The testator either 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.
For a deeper walkthrough, see our pages on New York will requirements and will execution.
Important distinction: A “living will” is a separate health-care and end-of-life document — it expresses your wishes about medical treatment, not who inherits your property. Do not confuse it with the will that distributes your estate. Learn the difference on our living will page.
What Happens After You Sign
Your updated will takes effect only at your death. At that point it must be admitted to probate in the Surrogate’s Court in the county where you resided, and your named executor will administer the estate accordingly. Until then, you remain free to update it again as life continues to change. The goal of this checklist is simply to make sure that, whenever that day comes, the document the court reads is the one that actually reflects your family and your wishes.
Frequently Asked Questions
Does getting married automatically update my will in New York?
No. Marriage does not rewrite your will. Your new spouse may have a statutory right of election under EPTL 5-1.1-A, but to actually name your spouse, change your executor, or adjust gifts, you must update the document yourself.
Does divorce remove my ex-spouse from my will?
In New York, divorce generally revokes gifts to a former spouse and any appointment of that spouse as executor or trustee. Even so, you should update the will to name new beneficiaries and fiduciaries and to remove any lingering ambiguity.
Do I need a brand-new will, or can I just amend the old one?
It depends on the scope of the change. A single, narrow change can often be made by codicil, which must be executed with the same formalities as a will. Broad changes — like adding a child or removing a former spouse — are usually cleaner in a new will.
What if I never update my will and it no longer fits my family?
The will the court reads is the one you last validly executed, subject to statutory adjustments like divorce revocation and the spousal right of election. If you have no will at all, your estate passes under intestacy rules in EPTL Article 4 to your next of kin.
Talk to Morgan Legal Group
Marriage, divorce, and a new child are exactly the moments when a will needs a careful look — and a properly executed update. Russel Morgan, Esq. and the team at Morgan Legal Group help New Yorkers across the state update their wills, choose between a codicil and a new will, and execute everything correctly under EPTL §3-2.1.
Schedule your consultation with Russel Morgan, Esq. and bring your estate plan back in line with your life.
Further reading from Morgan Legal Group: New York will execution requirements.