Is my parents’ 25 year old will still valid?

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Is my parents’ 25 year old will still valid?

My mom and dad made a will when me and my bother were little. She said it states what is to happen with me and my brother as minor and most importantly the land and assets. Now me and my brother are in our 20’s and we have 3 older sibling who were in thier 20’s at the time the will was made. Now my father has passed and my mother is of really bad health. And she has yet to make a new will. Is my parents’ will still valid since the minors in the will are over 18 now?

Asked on February 3, 2018 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, wills do not expire: they remain in effect even if any benefiaries in the will who were minors when it was made are now adults (and also if some beneficiares die; or  if new potential beneficiaries, like more children or a second spouse, are born or marry into the family). It's possible that some of the provisions in the will are outmoded or not longer relevant or ideal, but that doesn't change the validity of the will: it will still be enforced as written.


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