As Illinois estate planning attorneys, we often remind our clients that creating an estate plan is only the first step. An outdated plan can create confusion, conflict, or even legal disputes during some of the most emotionally difficult times. Life rarely stays the same for long. Major events—marriage, divorce, birth of a child, retirement, or even a significant shift in assets—can all affect your estate planning goals. That’s why we encourage regular reviews of your estate plan to make sure it still reflects your current intentions.
Under Illinois law, your estate plan controls how your assets are distributed and who has the authority to make decisions on your behalf if you become incapacitated. If your documents no longer match your life circumstances, unintended consequences may occur. For example, failing to update your plan after a divorce could leave assets to an ex-spouse or allow them to remain in control of a trust or power of attorney.
How Divorce Impacts A Will
One of the most important statutes to understand is 755 ILCS 5/4-7(b), which states that a divorce or annulment revokes any provisions in a will for a former spouse, including any appointment of that spouse as executor. However, if your estate plan includes a trust or beneficiary designations outside the will, those may not be automatically revoked by divorce. That means your ex-spouse could still inherit assets unless you actively update those documents.
Similarly, if you’ve had children, grandchildren, or stepchildren since your last estate plan was created, they may be unintentionally excluded. Illinois law does not automatically add new descendants to an estate plan unless the documents explicitly say so. Keeping your plan current ensures that the people you care about are properly included.
Death or Incapacity
Other common reasons to update an estate plan include changes in tax law, relocation to a new state, changes in your financial situation, or the death or incapacity of someone named in your plan. We recommend reviewing your documents at least every three to five years, or any time a major life event occurs.
Failing to keep your plan updated can also lead to probate disputes or even litigation between family members. When intentions are unclear, the court is left to interpret your wishes. That’s not something most families want during a time of loss.
An estate plan should give your loved ones clarity and peace of mind. The best way to do that is to keep it updated and legally sound.
Frequently Asked Questions About Updating Estate Plans In Illinois
What Happens If I Get Divorced And Don’t Update My Estate Plan?
Under 755 ILCS 5/4-7(b), provisions in your will related to your ex-spouse are automatically revoked. However, this rule does not apply to trusts, retirement accounts, life insurance, or pay-on-death accounts. Those must be updated separately. If you forget to change your beneficiary designations or trust appointments, your ex-spouse may still inherit those assets or serve in a legal role you no longer want them in.
How Often Should I Review My Estate Plan?
We recommend reviewing your estate plan every three to five years or anytime you experience a significant life change. This includes marriage, divorce, the birth of a child, the death of a loved one, acquiring or selling major assets, moving to another state, or changes in tax law. Even if nothing major has changed, it’s smart to schedule a review to ensure your documents remain clear, enforceable, and aligned with your wishes.
Can I Change My Will Or Trust After It’s Been Signed?
Yes, most estate planning documents can be updated. A will can be changed through a codicil or replaced entirely. Revocable living trusts can be amended or restated during your lifetime. Powers of attorney and health care directives can also be changed. The key is to ensure changes are properly executed according to Illinois law so they are legally valid.
Do I Need An Attorney To Update My Estate Plan?
It’s best to work with an attorney to avoid mistakes or unintended consequences. Illinois has specific signing and witnessing requirements for estate planning documents. Mistakes in wording, execution, or coordination between your documents can lead to serious legal problems later on.
Does An Estate Plan Control All Of My Assets?
Not always. Your will only controls assets in your name without a beneficiary designation. Assets with named beneficiaries—such as life insurance policies, retirement accounts, and pay-on-death accounts—pass outside the will. That’s why it’s important to update both your estate planning documents and your beneficiary designations when your circumstances change.
What If Someone Named In My Estate Plan Dies Or Becomes Incapacitated?
If a named executor, trustee, or agent under a power of attorney is no longer able to serve, you should update your plan to name a replacement. If no alternate is named, the court may have to appoint someone. This can create delays, confusion, and expenses for your family during a stressful time.
Will My Children Automatically Inherit If I Don’t Update My Plan After Their Birth?
No. If your will or trust does not mention future children or descendants, they may not be included. While Illinois has laws to protect omitted children in certain cases, it’s always best to be clear. Updating your estate plan ensures that your children are named and provided for according to your wishes.
Do I Need To Update My Estate Plan If I Move To Illinois From Another State?
Yes. Estate planning laws vary by state, and your documents may not meet all Illinois requirements. It’s especially important to review powers of attorney, wills, and health care directives. Some documents may need to be re-executed in Illinois to be legally valid.
What’s The Risk Of Having An Outdated Estate Plan?
An outdated plan may leave out important people, include unwanted beneficiaries, or create confusion about your intentions. It can also lead to family disputes or unnecessary court involvement. Regular updates help avoid these issues and ensure your estate is handled the way you want.
Can I Update Just One Part Of My Estate Plan Without Redoing Everything?
Yes. You can make targeted updates to specific documents—like changing a power of attorney or modifying a trust—without rewriting your entire plan. However, all documents should work together, so we often review everything to ensure consistency and avoid conflicts.
Schedule Your Estate Plan Review With Bruning & Associates, P.C.
At Bruning & Associates, P.C., we help individuals and families throughout Chicago, Crystal Lake, and Schaumburg keep their estate plans up to date and legally sound. If your circumstances have changed, now is the time to take action. Protect your family and your legacy by scheduling a free consultation with Bruning & Associates, P.C. Contact our Chicago estate planning attorneys at Bruning & Associates, P.C. by calling (815) 455-3000 to receive your free consultation. We serve clients throughout the entire Chicagoland metro area with offices in Chicago, Crystal Lake, and Schaumburg.