If you have married, divorced, or welcomed a new child in New York, you should update your will now — these are the three life events most likely to make your existing will outdated, partially void, or out of step with what you actually want. A will is not a “set it and forget it” document. New York law changes how your estate is read after certain life events, and the only reliable way to keep your plan accurate is to review and re-execute it. At Morgan Legal Group, we take a total approach: instead of patching one problem at a time, we look at every base — guardianship, beneficiaries, spousal rights, executors, and tax exposure — in a single, comprehensive plan. This article explains exactly when and how to update your will after each of these events under New York’s Estates, Powers and Trusts Law (EPTL).
Why Life Events Break an Existing Will
A will takes effect only at death and must be admitted to probate in the Surrogate’s Court. Until that day, your will is simply a snapshot of your intentions as of the day you signed it. When your family changes, that snapshot stops matching reality — and New York law fills the gaps in ways you may not expect.
Here is how the three biggest life events interact with your will:
| Life Event | What New York Law Does | Why You Should Update |
|---|---|---|
| Marriage | A surviving spouse gains the right of election (EPTL 5-1.1-A) to claim a minimum share of the estate regardless of the will. | Your old will may not name your new spouse — and the spousal share can override your stated wishes. |
| Divorce | Provisions in favor of a former spouse are generally revoked by operation of law, as if the ex-spouse predeceased you. | Gaps left by a revoked gift, and outdated executor or trustee appointments, need to be re-assigned intentionally. |
| New Child | A child born or adopted after the will is signed may have statutory protection as an “after-born” child. | Guardianship and inheritance for your child should be stated clearly, not left to default rules. |
Each of these is a reason to revisit the document. Together, they are a reason to rebuild the plan from the ground up.
Updating Your Will After Marriage
Marriage is the event people most often overlook. Many newlyweds assume their spouse automatically inherits everything — and while New York’s spousal protections are strong, relying on them is not the same as having a plan.
Under the right of election (EPTL 5-1.1-A), a surviving spouse can claim a minimum elective share even if the will leaves them less or nothing. That protects your spouse from being disinherited, but it does not let you decide how the rest of your estate is divided, who serves as executor, or how blended-family assets are handled. If you want your spouse to receive more than the minimum, to serve as your executor, or to inherit specific property, your will must say so explicitly.
A proper marriage update should:
- Name your spouse and define their share clearly.
- Re-confirm or replace your executor.
- Address children from prior relationships so no one is unintentionally cut out.
- Coordinate with beneficiary designations on accounts that pass outside the will.
If you are updating after marriage, review our will drafting overview to see how a complete plan fits together.
Updating Your Will After Divorce
Divorce in New York generally revokes the provisions of your will that benefit your former spouse — the law treats the ex-spouse as if they had died before you. This includes gifts left to them and, in most cases, their appointment as executor or trustee.
That sounds like a clean break, but it creates new problems. If your ex-spouse was your sole named beneficiary, the gift that was revoked has to go somewhere, and the fallback may not be who you would choose. If your ex was your named executor, you now have no one in that role. And if your will named your ex-spouse’s relatives, those provisions may still stand.
After a divorce, you should re-execute your will to:
- Name a new primary beneficiary and contingent beneficiaries.
- Appoint a new executor and a backup.
- Re-address guardianship if you share minor children.
- Remove or intentionally retain any provisions involving your former spouse’s family.
Because these changes touch multiple sections, a fresh will is usually cleaner than a patchwork of amendments. If your changes are narrow, a codicil may work — see our guidance on codicils and amendments.
Updating Your Will After a New Child
A new child — whether by birth or adoption — is one of the most important reasons to update your will, and not only for inheritance. The single most critical addition is guardianship: your will is where you nominate who will raise your minor children if both parents are gone. Without that nomination, the decision is left to the court.
New York provides limited protection for an “after-born” child not mentioned in an existing will, but statutory defaults are a safety net, not a plan. To fully protect a new child, your updated will should:
- Nominate a guardian (and an alternate) for minor children.
- Provide for the child’s inheritance, often through a trust that holds assets until an appropriate age.
- Name a trustee to manage funds responsibly.
- Treat all of your children consistently and intentionally.
This is where a comprehensive, total plan matters most — guardianship, a children’s trust, and updated beneficiaries all need to work together. Learn more about how a valid will is structured in our New York will requirements guide.
How to Properly Update a Will in New York
You cannot validly update a New York will by crossing out lines or writing in margins. Changes must be made with the same formalities as the original will under EPTL §3-2.1. You have two clean options: a codicil (an amendment to an existing will) or a brand-new will that revokes the old one. After multiple major life events, a new will is almost always the better choice.
Whichever you choose, the document must satisfy New York’s execution requirements:
- The testator must sign at the end of the will (or another person may sign in the testator’s presence and at their direction).
- There must be at least two attesting witnesses.
- The testator must declare the instrument to be their will (publication).
- The testator must sign in the witnesses’ presence or acknowledge the signature to each witness.
- Both witnesses must sign within one 30-day period (with a rebuttable presumption that the 30-day requirement is met), at the testator’s request, and add their residence addresses.
Getting these formalities right is what keeps your will from being challenged in Surrogate’s Court. For the step-by-step mechanics, see our page on will execution.
A note on terminology: a living will is a separate health-care document that states your end-of-life wishes — it does not distribute property. A total estate plan includes both, but they are different instruments and should never be conflated.
What Happens If You Don’t Update Your Will
If you die without a valid will, intestacy rules under EPTL Article 4 control distribution to your next of kin. The court applies a fixed formula — not your preferences. A new spouse and children would inherit according to statute, a guardian for your children would be chosen by the court, and any informal wishes you expressed would carry no legal weight. You can read more about how this works in our intestacy and dying without a will overview.
Even with an outdated will, the document may misdirect assets, name people no longer in your life, or fail to protect a new child. Updating is far simpler than leaving your family to untangle the consequences.
Frequently Asked Questions
Does getting married automatically update my will in New York?
No. Marriage gives your spouse a right of election (EPTL 5-1.1-A) to a minimum share, but it does not rewrite your will or guarantee your spouse inherits the way you intend. You should update the document to reflect your new marriage.
Does divorce cancel my entire will?
Not the entire will. New York generally revokes only the provisions favoring your former spouse, treating them as if they predeceased you. The rest of the will stands — which is exactly why you should re-execute it to fill the gaps left behind.
Do I need a whole new will after a new child, or just an amendment?
Either can work, but a new will is often cleaner because a child adds guardianship, trust, and beneficiary provisions at once. A codicil must be executed with the same EPTL §3-2.1 formalities as the original will.
Can I just handwrite changes on my existing will?
No. Marking up a signed will does not validly change it and can create confusion or invalidate provisions. Updates must follow New York’s execution requirements with two witnesses and proper signing.
Cover Every Base in One Plan
Marriage, divorce, and a new child each change your estate — and the safest response is a single, comprehensive update rather than scattered fixes. Morgan Legal Group helps New Yorkers build a total will and estate plan that accounts for every life event in one coordinated document.
Speak directly with Russel Morgan, Esq. to review and update your will. Schedule your consultation here.
Further reading from Morgan Legal Group: the last will and testament in New York.