Creating a will is an important part of planning for the future. However, many people in Colorado create an estate plan and then leave it untouched for years or even decades. This can raise an important question: Can a will expire in Colorado?

Generally, a properly executed Colorado will does not expire simply because it is old. However, changes in your family, finances, property, or Colorado law can make an older will less effective at accomplishing your current wishes. Reviewing your estate plan periodically can help ensure that your documents continue to reflect your intentions.

At The McKenzie Law Firm, LLC, we provide estate planning assistance to individuals and families in Centennial, Colorado, including guidance on wills, estate plan updates, and related planning matters.

Does a Will Expire in Colorado?

A valid will generally does not have an expiration date in Colorado. A will signed many years ago may still be used after the person who created it passes away, provided that the document remains legally valid and has not been revoked or replaced.

Age alone, therefore, does not necessarily make a will invalid. The larger concern is whether an older will still accurately reflects your circumstances and wishes.

For example, a will written 20 years ago might name beneficiaries, personal representatives, or guardians who are no longer appropriate choices. It may also address assets that you no longer own while failing to account for property acquired later.

When Should You Update an Older Will?

Even though a Colorado will does not automatically expire, certain life events can be good reasons to review your estate plan. These may include:

• Marriage or divorce
• Birth or adoption of a child
• Birth of grandchildren
• Death of a beneficiary or personal representative
• Purchasing or selling real estate
• Starting, selling, or closing a business
• Significant changes in your financial situation
• Moving to or from Colorado
• Changes in relationships with beneficiaries
• Changes in estate planning or tax laws

An estate plan should reflect your current life rather than circumstances that existed many years ago.

Can Marriage or Divorce Affect a Colorado Will?

Changes in marital status can have important estate planning consequences. Colorado law contains rules addressing how certain provisions involving a former spouse may be treated following divorce or annulment.

Rather than assuming that an old will automatically produces the intended result after a marriage or divorce, it may be appropriate to review the entire estate plan. This can include beneficiary designations, trusts, powers of attorney, and other documents in addition to the will itself.

What Happens If a Beneficiary Is No Longer Living?

Older wills sometimes name beneficiaries who die before the person who created the will. What happens to that beneficiary's intended inheritance can depend on the wording of the will and applicable Colorado law.

The property might pass to another beneficiary, to certain descendants, or under another provision of the estate plan. Reviewing an older will can help identify these issues before they create uncertainty during probate.

An Old Will May Not Cover Your Entire Estate Plan

A will is only one component of estate planning. Certain assets may transfer outside of a will through beneficiary designations, joint ownership arrangements, trusts, or other mechanisms.

For example, retirement accounts and life insurance policies may have separate beneficiary designations. If those designations have not been reviewed for many years, they may no longer align with the rest of your estate plan.

A comprehensive estate plan review can therefore involve more than simply reading your will.

Should You Rewrite Your Will or Add a Codicil?

Depending on the changes needed, it may be possible to amend a will through a properly executed codicil. In other circumstances, replacing the older will with a new document may provide greater clarity.

Multiple amendments made over many years can sometimes make an estate plan harder to understand. A new will may consolidate the desired provisions into a single document and reduce potential confusion about which instructions apply.

Because improperly changing or marking an existing will can create legal complications, individuals considering revisions may benefit from discussing the appropriate method with a Colorado estate planning attorney.

How Often Should You Review Your Estate Plan?

There is no single review schedule that works for everyone. A practical approach is to review your will and related estate planning documents periodically and after major changes involving your family, finances, property, or relationships.

Even when no changes are ultimately necessary, reviewing an older estate plan provides an opportunity to confirm that it still reflects your intentions.

Estate Planning Assistance in Centennial, Colorado

An older will does not necessarily become invalid simply because many years have passed. However, an outdated estate plan may no longer address your current assets, relationships, or goals.

At The McKenzie Law Firm, LLC, we can assist individuals and families in Centennial and surrounding Colorado communities with reviewing existing wills, updating estate planning documents, and creating estate plans designed around their current circumstances.

If you have not reviewed your will in several years or have experienced a significant life change, consider speaking with The McKenzie Law Firm, LLC about your Colorado estate planning needs.