Small changes can have big consequences in estate planning. When people try to update a will or trust on their own, their family often discovers problems when it is too late to do anything about them. In this article, we explain how estate plan updates go wrong and share practical steps to keep your plan clear, current, and legally sound.

Why Estate Plan Updates Go Wrong

Estate planning documents are legal tools that must meet specific signing rules and state law requirements. If a change is unclear, conflicts with another document, or misses a required formality, your family may face delays, extra costs, or court involvement. Even well‑intentioned updates can unravel a carefully built plan if they are not coordinated properly.

Common Estate Plan Update Mistakes

Outdated Beneficiary Designations

One of the most frequent problems is letting beneficiary designations go stale. Beneficiary forms on retirement accounts, life insurance, and some bank accounts override both wills and trusts. Outdated designations can send assets to someone you no longer intend to benefit. These forms should be reviewed after major life events such as marriage, divorce, a birth, or a death in the family.

Writing on Original Documents

Another common error is making informal or do-it-yourself changes. Crossing out names, writing notes in the margins, or adding sticky notes can create confusion or invalidate part of the document. Courts may ignore these markings or interpret them in unintended ways. Proper updates require a codicil for a will or a written amendment to a trust that is correctly prepared and signed.

Trust Funding Issues

Failing to fund or re-fund a trust is another issue we often see. After signing a revocable living trust, assets such as homes, bank accounts, and non-retirement investments usually need to be titled in the name of the trust. New assets acquired later should be reviewed as well.

Forgetting to Make Updates

Life changes without a plan review also create problems. Moves, new children or grandchildren, inheritances, or business changes can all affect how your plan works. Reviewing your plan every two to three years, or after any major life change, helps catch issues early. Our article “When Should you Update your Estate Plan?” gives more information on changes that should prompt an estate plan review.

Document Signing Errors

Finally, signature and witnessing errors can undo an entire update. Wills, powers of attorney, and healthcare documents have strict signing rules. Missing witnesses or a notary where required may invalidate the document.

How to Prevent Estate Plan Updates from Going Wrong

Start with a clear goal and an up-to-date inventory of your assets. List your accounts, real estate, and insurance, and note how each asset currently passes at death. Some assets pass through a will, others use beneficiary forms, and others belong to a trust.

Next, make sure your will, trust, and beneficiary designations work together. The will sometimes names guardians and directs assets into a trust. The trust manages long‑term distribution and protection. Beneficiary forms should support the plan, not override it. If you are unsure how an account pays out, confirming with the institution can prevent surprises.

It is also important to update financial and healthcare powers of attorney. The people named should still be willing and able to serve, and many institutions prefer documents that are relatively recent.

If your plan includes a trust, confirm that deeds and account titles reflect the correct ownership. Ownership is a common place where well-drafted plans fail in practice. See our article “Why Ownership Matters in Estate Planning.”

Quick Actions You Can Take This Week

• Download our estate planning checklist
• Gather your will, trust, and powers of attorney
• List your accounts and current beneficiaries
• Note any recent life changes and schedule a review

When to Call a Lawyer

If you want to update your plan or have questions about whether it still works, a brief review can prevent months of stress later. A proper update includes reviewing goals, documents, beneficiary designations, and asset titles, followed by clean amendments or new documents.

You do not need to navigate this alone. To schedule a review, call our office or request an appointment from our website to get started. Updating your estate plan now can protect your legacy and give your family clarity when it matters most.