Got married, divorced or moved? What happens to the will you made online, and how to update it
After a divorce, many states, New York among them, treat gifts to your former spouse in your will as revoked, but not always your beneficiary forms, so update both now. After a marriage or a new child, your old will may leave your new family out, so make a new one. After a move, your will is usually still valid, but check it against your new state's rules, especially if you move into or out of a community property state. Updating is free at FreeWill, and at the paid services it depends on whether you are still inside the revision period or keep a membership: Trust & Will edits need its $49/year Essentials membership.
By Nora Whitfield, consumer researcher (not an attorney). Published . Based on the providers' published pricing and terms. How we check.
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A will is written for the life you had on the day you signed it. Marriage, divorce, a child or a move can change what it does, sometimes automatically and sometimes not at all, and the gaps are where families end up in disputes.
This page goes event by event: what the law does to your existing will, what it leaves untouched, and what it costs to update a will you made online. Legal rules quoted here come from official state statute sites; service details from each company’s own pages, read on the date in the facts table. Rules vary by state, so treat this as a map, not legal advice.
The short version
| Event | What the law may do to your old will | What you should do |
|---|---|---|
| Marriage | In some states revokes it; in many, gives your new spouse a share anyway | Make a new will |
| Divorce | In many states revokes gifts and roles for your ex | Make a new will and change every beneficiary form |
| New child | Often gives the child a share if the will is silent | Update to name the child and revisit guardians |
| Move to another state | Usually nothing; the will stays valid | Review it against the new state’s rules |
| Death of a beneficiary, executor or guardian | Their gift may lapse or pass to their children | Name new people |
After a divorce
New York’s statute is a good example of how far automatic revocation goes. Divorce or annulment “revokes any revocable” gift or appointment to the former spouse, including one made by will, and the former spouse is treated “as if the former spouse had predeceased” you, unless your documents say otherwise. New York applies the same rule to transfer-on-death deeds. Many other states have similar laws.
That sounds like it solves the problem. It does not, for three reasons:
- Beneficiary forms on employer plans may not be covered. A 401(k) or employer life policy is governed by federal law, which can override a state’s divorce rule. If your ex is still the named beneficiary, they may be paid. Change the forms yourself.
- Your ex’s relatives may still be in the will. Some states revoke gifts to the ex’s family too; others do not.
- The will may now say very little. If your ex was your main beneficiary and executor, the revocation leaves holes that your state’s default rules fill, which may not match your wishes.
Trust & Will’s terms address this directly for couples who made plans together: our married couples page explains what happens to a shared account.
Do this now: make a new will, change every beneficiary form, revoke any power of attorney or health care directive naming your ex, and if you have a trust, amend or restate it.
After a marriage
Some states treat marriage as revoking an earlier will. Many others leave the will in force but give a spouse who was left out a share of the estate. Either way, a will that predates your marriage was not written with your spouse in mind, and the default rules rarely do exactly what a couple would choose.
Do this: make new wills for both of you, with matching guardian and executor choices, and update beneficiary forms. If you own a home together, decide whether a trust is worth it now; our will or trust page has a quick test.
After a child is born or adopted
Most well-drafted wills, including those from the main online services, cover children born later in general terms. But that may not be enough: you may want to name the new child, add a guardian if this is your first child, and change how money for the children is held. If you had no children when you made your will, it has no guardian nomination at all.
Do this: update the will to name guardians and a property manager or trust for the children, and check life insurance beneficiaries. Our parents’ page covers the decisions.
After a move to another state
A will that was validly signed where you lived is generally accepted in your new state. So you rarely need a new will just because you moved. But review it, because:
- Spouses’ property rules may differ. Moving into or out of a community property state, such as California, Texas or Arizona, changes how a married couple’s property is classified.
- Executor rules differ. Some states restrict out-of-state executors or require them to post a bond.
- Self-proving affidavits differ. An affidavit made under the old state’s form may not work as smoothly in the new one.
- A trust made under the old state’s law stays valid, but deeds for a new home must be made into the trust under the new state’s rules.
Do this: re-run your online questionnaire for your new state and sign a fresh will with your new state’s formalities. It is cheap insurance.
What does updating cost at each service?
| Service | Free updates | After that |
|---|---|---|
| FreeWill | Free: edit in your account, print and sign again | Always free |
| Trust & Will | Editing is an Essentials benefit: Needs the Essentials membership | $49/year membership |
| Quicken WillMaker & Trust | 1 year from purchase | $39.99/year for more revisions, optional |
| LegalZoom | 30 days on Basic and Pro; 1 year on Premium | Not published |
| GoodTrust | A year of unlimited updates | $39/year |
| Rocket Lawyer | While your membership is active | Membership |
| Ethos | The online tool "allows for updates as needed" | Not stated |
If your revision period has ended and renewing is expensive, it can be cheaper simply to make a new will elsewhere. A new will normally revokes all earlier wills, as long as it says so, which online wills do. Our revision windows page compares the options in detail.
Should you use a codicil?
A codicil is a short amendment to an existing will, signed with the same formalities as the will. Online, it is rarely worth it: FreeWill does not offer codicils and simply asks you to re-sign a new will, and the paid services make a new will about as easy as an amendment. A clean new will avoids any question about how the two documents fit together.
Your update checklist
- Re-run the questionnaire with your new circumstances, or make a new will elsewhere.
- Sign it properly, with two adult witnesses who are not in it; see our signing guide.
- Destroy the old will once the new one is signed, or mark it revoked.
- Change every beneficiary form: retirement accounts, life insurance, payable-on-death accounts.
- Replace powers of attorney and health care directives that name the wrong people.
- Amend or restate your trust if you have one, and fund any new home into it.
- Tell your new executor where the original is.
Questions people ask next
Does getting married cancel my will?
It depends on the state. In some states marriage revokes an earlier will; in many others the will survives, but the law gives a spouse who was left out a share anyway. Either way, a will made before your marriage almost certainly does not say what you now want. Make a new one.
Does divorce automatically remove my ex from my will?
In many states, yes for the will: New York's statute, for example, revokes gifts and appointments to a former spouse and treats them as if they had died first, unless your will says otherwise. But beneficiary forms on employer retirement plans and life insurance may not be covered, so change those yourself.
Is my will still valid if I move to another state?
Generally yes, if it was validly signed where you signed it. But the new state's rules on spouses' property, executors who live out of state and self-proving affidavits may differ, so review it and consider re-signing under the new state's rules.
Can I just write changes on my printed will?
No. Handwritten changes on a signed, witnessed will can be ignored or cause a dispute. Make a new will, or a codicil signed with the same formalities. Online, making a new will is usually easier.
Do I need to update my will when a child is born?
It is wise. Many wills cover children born later in general terms, but you may want to name the new child specifically, revisit your guardian choice and change how money is held for the children.
Sources
- New York EPTL 5-1.4: revocation upon divorce
- New York Real Property Law 424: transfer on death deeds (effect of divorce)
- Trust & Will help centre: membership tiers
- WillMaker plans and pricing
- LegalZoom last will page
- GoodTrust help: how much does GoodTrust cost?
- Ethos: free will with life insurance (life events)
This page is general information, not legal advice. Laws differ by state and change; talk to a licensed attorney about your situation.