Your Will Isn’t a “Set It and Forget It” Document: Why Regular Will Updates Matter

Don’t let your will become a time capsule. Your Will Isn’t a “Set It and Forget It” Document: Why Regular Will Updates Matter

Estate planning documents often use broad phrases such as “to X’s children,” “to grandchildren,” or “issue” when making gifts. While convenient, these terms can unintentionally create uncertainty—especially when family circumstances change between the signing of the Will and the testator’s death.
 

Here’s why you need regular Will updates every 3 to 5 years.

A Common Scenario

Daniel, a thoughtful and organized individual, drafts his will. In it, he leaves shares of a company “to the issue of my cousin Thomas and his wife, Anna, who survive me.”

At the time Daniel signs the will, Thomas and Anna have two children. By the time Daniel dies, they have three. A few years after Daniel’s death, Thomas and Anna welcome their fourth child.

Now the question becomes: Does this fourth child receive a share of the gift, or were they born too late?

The answer to this dilemma is layered—and illustrates exactly why we require regular Will updates.

What is a Class Gift?

A class gift is a gift to a group of people connected by a common characteristic rather than being named individually. Common examples include “children,” “grandchildren,” or “issue.”

In our scenario, the gift is shares of a company, and the class is “the issue of Thomas and his wife Anna” who survive the testator.

When Does the Class Close? The Rule of Convenience

Even if a person fits the description of a class, that does not automatically mean they are entitled to take under the will. This is because class gifts are governed by the rule of convenience, which determines when membership in the class stops growing.

The General Rule

If the will or trust document does not specify otherwise, a class typically closes at the testator’s death. This means that only those who are born or conceived at the time of the testator’s death are included. This rule exists to prevent gifts from remaining open indefinitely, which could delay distribution and create ongoing uncertainty.

Exceptions to the general rule

There are two common exceptions: (1) if a will leaves property “to X for life, then to X’s children,” the class of “X’s children” does not close until the death of X, and (2) if a will provides “to all my grandchildren who reach the age of 21,” the class closes when the first person satisfies that condition, unless the document indicates otherwise.

So What About Child Number Four?

Returning to Daniel’s situation, the will created a class gift to the “issue of my cousin Thomas and his wife, Anna, who survive me.” At Daniel’s death, Thomas and Anna had three children. A fourth child was born several years after Daniel passed away. Daniel’s Will is silent on when the class closes, triggering the application of the rule of convenience.

Under the rule of convenience, the class closes at Daniel’s death. Since the fourth child was neither alive nor conceived at that time, they are not included in the class and do not share in the gift.
 
Had Daniel reviewed and completed Will updates after the third child was born, he could have either named all beneficiaries specifically or clarified his intentions about future-born children.
 

The Problem: Life Doesn’t Stand Still

Daniel’s situation demonstrates a crucial truth about estate planning: your will is a snapshot of your intentions at a specific moment in time, but life keeps moving forward. New children are born, family members pass away, relationships change, assets grow or shrink, and tax laws evolve.

A will that perfectly reflected your wishes five years ago may no longer accomplish what you intend today—even if you haven’t consciously changed your mind about anything.

Why the 3-to-5-Year Rule Matters

We recommend reviewing your will and completing any Will updates every 3 to 5 years, and immediately after any major life event. Here’s what can change in that timeframe:

Family changes: births, deaths, marriages, divorces, estrangements, or new grandchildren may all affect who you want to benefit and how.

Financial changes: your assets may have grown, changed form, or decreased, requiring adjustments to your distribution plan.

Legal changes: estate and tax laws evolve, and what was optimal planning five years ago may be outdated today.

Personal changes: your relationship with beneficiaries or executors may have shifted, or their circumstances may have changed in ways that affect your planning.

Wording Matters… But So Does Timing

When drafting or reviewing your Estate Plan, it’s essential to consider whether you want future-born children or grandchildren included, whether a class should remain open after death, and whether a gift should depend on reaching an age or milestone.

More importantly, you need to recognize that no matter how carefully worded your Will is today, it can’t automatically adapt to tomorrow’s changes. Only regular review and completing Will updates can ensure your Estate Plan continues to reflect your true intentions as your life and family evolve.

Don’t let your will become a time capsule. Schedule a review of your Estate Planning documents today—and make it a habit to revisit them every 3 to 5 years. Your future beneficiaries will thank you for it.

Have questions about your Will or Estate Plan? Contact Smartwills today to schedule a review.