Do you need to update your will if there are no changes in your life?

Asked over 4 years ago - Riverdale, GA

My will is 25 years old but nothing has changed that I want changed. Do I have to write a new will?

Attorney answers (2)

  1. Leslie Vaughan Simmons

    Contributor Level 8

    Answered . The Will may not need updating. But one thing that has changed in the last 25 years is the frequency of the "Attestation Affidavit". Thirty or more years ago, legal secretaries often were employed by the same attorney for their whole career and were easy to find. Now secretaries move so often it may be difficult to find the witnesses to your will if the witness did not sign an "Attestation Affidavit" in front of a Notary at the signing of the will. You still may want to have an attorney just check it out.

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    Answered . I'd have to see your will, and it might be fine but there may be many reasons to update it.

    First of all, few wills in that era contained self-attesting affidavits. That means your executor would have to locate witnesses who may be dead or hard to find to probate the will. The affidavit we use on new wills avoids that step.

    Secondly, there have been some changes in laws since then, and likely you have had some changes in assets, debts or what heirs may exist.

    Given the small cost to review a will (and the small cost for a new one if you need one), I'd say it would be a good idea to see a lawyer.

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