Life changes—and when it does, your will should, too. You might have gotten married, welcomed a new child, bought property in Austin, or had a shift in family dynamics. Whatever the reason, updating your will is essential to ensure your estate plan reflects your current wishes and protects your loved ones.
At Hailey-Petty Law Firm, we’ve seen how outdated or improperly changed wills can lead to confusion, conflict, and unintended consequences. If you’re ready to change your will, there are specific steps you need to take to make sure the updates are valid under Texas law. In this guide, we’ll walk you through the do’s, don’ts, and tips to change a will and keep it legally sound.
When Should You Consider Changing a Will?
If it’s been a while since you last reviewed your will, chances are something in your life has changed. Here are common reasons you might want to update your will:
1. Major Life Events
Life rarely stays the same for long. Major milestones are a good reason to review and update your will:
- Marriage or Divorce: Your spouse might need to be added—or removed—from your will.
- Birth or Adoption: New children or grandchildren should be included to ensure they’re provided for.
- Loss of a Loved One: If a beneficiary or executor passes away, your will should reflect new appointments.
2. New Assets or Liabilities
Buying property, starting a business, or receiving a significant inheritance can change your financial picture. If you’ve purchased a home in San Antonio or acquired other assets, updating your will ensures they’re distributed the way you intend.
3. Moving to Texas
If you’ve recently relocated to Texas, your existing will may need adjustments to comply with state laws. Each state has its own requirements for a will’s validity, so it’s worth reviewing yours after a move.
4. Changing Family Dynamics
Sometimes relationships shift over time. You might want to remove or add someone as a beneficiary, adjust how assets are divided, or reassign an executor role. These changes should always be made formally to avoid disputes later.
The Do’s: How to Properly Change a Will in Texas
Updating your will doesn’t have to be complicated, but it’s important to do it the right way to make sure your changes are legally enforceable. Here are the do’s:
1. Do Consult an Estate Planning Attorney
While it’s tempting to make changes on your own, wills are legal documents that must meet specific standards. An experienced estate planning attorney ensures your changes are valid under Texas law and won’t create confusion later.
For example, a handwritten note added to the margins of your will might seem harmless, but it could invalidate the entire document. We’ve seen cases where informal changes caused years of probate court battles—something no one wants for their family.
2. Do Use a Codicil for Minor Updates
If you’re only making a small change—like adding a beneficiary or updating your executor—you can use a codicil, which is an official amendment to your will. A codicil must be signed and witnessed, just like the original will, to ensure it’s legally binding.
Codicils are useful for minor changes, but if your updates are significant, it’s often better to create an entirely new will.
3. Do Draft a New Will for Major Changes
When the updates are extensive—like changing multiple beneficiaries, adjusting asset distribution, or naming a new executor—it’s better to draft a new will. This ensures all changes are clear, cohesive, and up to date.
A new will automatically invalidates the old one, but you’ll need to include language stating that the previous version is revoked.
4. Do Destroy Old Versions
Once your new will is signed and witnessed, destroy all copies of the previous version. This avoids any confusion over which version is the “real” one. Keeping multiple wills around can lead to unnecessary disputes.
5. Do Communicate Changes to Key People
Let your executor and close family members know you’ve made changes to your will. While you don’t need to share every detail, letting them know where to find the updated document and what to expect can prevent surprises later.
The Don’ts: Mistakes to Avoid When Changing a Will
Changing a will improperly can cause legal headaches and family disputes. Here are the common mistakes to avoid:
1. Don’t Make Informal Changes
Scratching out names or adding handwritten notes on your will won’t hold up in court. Texas law requires wills and codicils to be signed and properly witnessed. Making informal changes risks invalidating the entire document.
2. Don’t Forget to Update Related Documents
Your will is just one part of your estate plan. If you’re changing beneficiaries in your will, you also need to update:
- Trusts
- Life insurance policies
- Retirement accounts (like IRAs or 401(k)s)
- Powers of attorney
Leaving related documents outdated can create inconsistencies and confusion during the estate administration process.
3. Don’t Ignore Witness Requirements
In Texas, a will (or codicil) must be signed in the presence of at least two credible witnesses who are over 14 years old and not beneficiaries. Failing to meet these requirements can invalidate the changes.
4. Don’t Delay Important Updates
Life happens fast. Putting off updates to your will can leave your family with outdated instructions that don’t reflect your current wishes.
Imagine this: You buy a new property in Austin but never add it to your will. When you pass, your loved ones face a lengthy probate process to sort things out, causing stress and unnecessary legal costs.
5. Don’t Assume Executors Can Change Your Will
A common misconception is that an executor can change a will after you pass. In reality, executors are legally bound to follow your will exactly as it’s written. If you want changes made, you must update the will yourself while you’re alive.
FAQs: Common Questions About Changing a Will in Texas
Can I Change My Will Without an Attorney?
Technically, yes—but it’s risky. DIY changes often fail to meet Texas legal requirements, leading to confusion or invalid documents. Working with an attorney ensures your updates are legally sound.
How Often Should I Review My Will?
We recommend reviewing your will every 3–5 years or after major life events like marriage, divorce, births, or significant asset changes.
Can an Executor Change My Will?
No. Executors are responsible for carrying out the terms of your will, not changing them. If you want to make updates, you need to do so yourself.
What Happens If My Will Is Outdated?
Outdated wills can cause delays, conflicts, and higher legal costs during probate. Your assets might not be distributed the way you intended, leading to family disputes or unintended beneficiaries.
Tips for Keeping Your Will Current and Conflict-Free
To keep your estate plan up to date and avoid future disputes, consider these tips:
- Review Regularly: Treat your will like any other financial document—check it periodically to ensure it still reflects your wishes.
- Be Clear and Specific: Avoid vague language that could lead to misunderstandings.
- Choose the Right Executor: Pick someone trustworthy who can manage the process fairly.
- Store Your Will Safely: Keep the updated version in a secure place and let your executor know where to find it.
- Plan for Contingencies: Include backup beneficiaries and executors in case your first choices aren’t available.
Conclusion: Protect Your Legacy with a Well-Updated Will
Changing a will in Texas doesn’t have to be complicated, but it does require careful steps to ensure your updates are legally valid. By keeping your will current and properly documented, you’re protecting your family’s future and ensuring your wishes are honored.
At Hailey-Petty Law Firm, we’re here to help you navigate every step of the estate planning process. Whether you need a small adjustment or a brand-new will, we’ll make sure your plan is clear, legal, and tailored to your needs.
Ready to update your will? Contact Hailey-Petty Law Firm today to schedule a consultation. Let’s work together to protect your family and your legacy.