IS THERE AN EXPIRATION DATE TO A WILL?

Get Legal Help Today

 Secured with SHA-256 Encryption

IS THERE AN EXPIRATION DATE TO A WILL?

CAN A WILL 10 YEARS OR OLDER SUBJECT TO PROBATE?

Asked on February 26, 2011 under Estate Planning, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Wills do not expire.  They are good indefinitely (or at least until it is revoked).  However, some of the provisions in it may become outdated.  For example, leaving extra money to take care of a minor child and now that "child" is 35. Or leaving property to beneficiaries that was sold after the Will was drawn up.  Therefore, a Will should be periodically up-dated.  This can be done via an amendment to the Will known as a "codicil".  This works best if the changes are not major; if they are more extensive, you may want to have a new Will drafted.

Note:  If you move out-of-state, if your Will was executed ac­­­­­­­­­cording to the laws of the state where you previously resided, then that Will is valid in your new state of residence. Yet, even if your out-of-state Will is valid in your new state, it is impor­tant to have it reviewed; due to differing state laws you may wish to execute a new Will.  For example, there are restrictions on who can be named to serve as your Personal Representative that vary from state-to-state.   


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption