How long is a will valid?

In general, a Will is valid until your death, but there are a few exceptions. If you were married at the time you made a Will and then later got a divorce, either your entire Will was revoked or the portions of your Will giving property to your former spouse were revoked by the divorce.

The remaining portions of your Will might also be affected if the property listed in your Will went to your spouse in the divorce settlement or decree. If you intentionally destroyed the original of your Will or wrote a new Will that revoked it, that also would invalidate your Will.

A Will that has been revoked by someone who is legally competent cannot be revived; you have to make a new Will. So, for example, if you have a Will, then change your mind and write a new Will saying that you revoke the original Will, if you change your mind again and destroy the second Will, that would not make the first Will valid again. You have to remake the original Will.

Though your Will remains valid if you haven’t divorced, it makes sense to update it regularly if your situation changes, such as by losing contact with your named Personal Representation (or ‘Executor’/’Executrix’) or by changes in the property you hold.

For example, if you sell your house and buy a retirement condo, you need to update that information in your Will. Of if you wanted to leave an equal inheritance to 2 children, but the property you left to one has increased in value, while the other has lost value, you might want to make adjustments to your Will.

Case Studies: Understanding the Validity of Wills

Case Study 1: Impact of Divorce

John created his will while married to his spouse, but they later divorced. In this case, the divorce revokes any provisions in the will related to the former spouse. John’s will remains valid, except for the portions that specified assets or inheritance to the former spouse. It is crucial for individuals who have gone through a divorce to review and update their will to ensure their wishes align with their current circumstances.

Case Study 2: Revocation and Creation of a New Will

Sarah decided to revoke her original will and drafted a new one. However, she later changed her mind and destroyed the second will. In this situation, the revocation of the second will does not revive the validity of the original will. To make the original will valid again, Sarah would need to create a new will explicitly revoking the original one. It is essential to understand that revoking a will requires intentional actions, and destroying a subsequent will does not automatically reinstate a previous will.

Case Study 3: Regular Updates to Reflect Changes

Michael created a will many years ago and has since experienced significant life changes. He sold his house, purchased a retirement condo, and wants to make adjustments to his will. It is crucial for Michael to update his will regularly to ensure it reflects his current wishes and the changes in his assets. By keeping his will up to date, Michael can ensure that his named personal representative and inheritance arrangements align with his current circumstances.