Is my parents’ 25 year old will still valid?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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