As estate planning attorneys serving clients across Chicagoland, we often meet individuals who assume that once an estate plan is signed, the work is complete. However, an estate plan is not a one-time document; it should evolve as life changes. Major life events such as marriage, divorce, the birth of a child, or the acquisition of new assets can drastically affect how an estate plan functions under Illinois law. Without timely updates, outdated documents can create confusion, lead to unnecessary litigation, and fail to reflect a person’s current wishes. Keeping estate plans current ensures that families, assets, and legacies are fully protected under the Illinois Probate Act (755 ILCS 5/) and related estate planning statutes.
Marriage, Divorce, And Relationship Changes
Marriage and divorce are among the most significant triggers for reviewing an estate plan. Under 755 ILCS 5/4-7(b), a divorce automatically revokes any provisions in a will that favor a former spouse, including gifts and fiduciary appointments. However, this revocation does not automatically extend to non-probate assets such as life insurance policies, retirement accounts, or payable-on-death bank accounts. Failing to update beneficiary designations after a divorce or remarriage can result in an ex-spouse receiving benefits unintentionally. Similarly, marrying without revising estate documents can leave a new spouse unprotected, particularly if a will predates the marriage and fails to account for spousal inheritance rights.
Birth Or Adoption Of A Child
The addition of a child or grandchild is another event that demands an estate plan update. Parents must review their wills, trusts, and guardianship designations to ensure that a trusted individual will care for minor children in the event of incapacity or death. Under 755 ILCS 5/11-5, Illinois law allows parents to designate a standby guardian for a minor, but this must be properly executed to be enforceable. Trusts should also be modified to include provisions for new beneficiaries and specify how funds should be distributed for education, healthcare, and general welfare.
Acquiring Or Selling Significant Assets
Major financial changes can alter the entire structure of an estate plan. Whether it involves purchasing real estate, starting a business, or selling an existing asset, new property ownership can change how taxes, distributions, and inheritances are handled. If property is owned jointly, it is critical to verify the form of ownership, as this determines how the asset transfers upon death. Failing to update trusts and wills after acquiring assets can lead to disputes among heirs or force valuable property into probate proceedings under the Illinois Probate Act.
Relocation And Changes In State Law
Moving to or from Illinois can also require adjustments to an estate plan. While many core principles of estate law are similar across states, each state has its own statutes governing wills, trusts, and powers of attorney. Illinois, for example, recognizes durable powers of attorney for property and healthcare under 755 ILCS 45, which must meet specific execution requirements. Failing to review and update these documents when relocating may render them invalid or unenforceable.
Illness, Aging, And Healthcare Planning
As individuals age or experience changes in health, it is essential to confirm that powers of attorney, advance healthcare directives, and living wills accurately reflect their wishes. A durable power of attorney for healthcare under 755 ILCS 45/4-1 allows a designated agent to make medical decisions if the principal becomes incapacitated. Without an updated and properly executed document, families may face court intervention through a guardianship proceeding. Updating healthcare planning documents ensures that trusted individuals are legally authorized to make critical medical and financial decisions.
Illinois Estate Planning Frequently Asked Questions
When Should An Estate Plan Be Reviewed?
Most attorneys recommend reviewing an estate plan every three to five years or after any major life change, such as marriage, divorce, birth, adoption, or a significant change in financial circumstances. Regular reviews ensure that documents comply with current Illinois law and accurately reflect personal and family goals.
What Happens If An Estate Plan Is Not Updated After A Divorce?
Failing to update estate documents after a divorce can lead to unintended consequences. While Illinois law revokes will provisions favoring a former spouse, other documents such as trusts, insurance policies, or retirement accounts may still list that spouse as a beneficiary. Courts generally uphold these designations if not formally changed, which can result in assets passing to unintended recipients.
Can A Move To Another State Affect An Illinois Estate Plan?
Yes. Each state has its own requirements for executing wills and powers of attorney. A will or trust validly created in Illinois may not automatically meet the legal standards of another state. Relocating should prompt a comprehensive review with an attorney licensed in the new jurisdiction to ensure continued validity and effectiveness.
Why Is It Important To Update Beneficiary Designations?
Beneficiary designations on life insurance, IRAs, and payable-on-death accounts supersede instructions in a will or trust. If these designations are not kept current, assets may bypass the intended beneficiaries entirely. Reviewing and updating them after every major life change prevents costly disputes and ensures assets are distributed according to current wishes.
Does Illinois Law Allow Digital Estate Planning Documents?
As of 2021, Illinois recognizes electronic wills under the Electronic Wills and Remote Witnesses Act (755 ILCS 6/). However, strict procedural rules govern the execution and witnessing of digital estate documents. It is important to confirm compliance with these laws before relying on electronic signatures or remote notarization.
What If No One Is Designated To Make Healthcare Decisions?
If an individual becomes incapacitated and has not executed a valid power of attorney for healthcare, family members must petition the court for guardianship under 755 ILCS 5/11a-3. This process can be time-consuming and stressful. Having an updated healthcare directive ensures that medical decisions are made quickly and in accordance with personal preferences.
Call Bruning & Associates, P.C. For A Consultation
At Bruning & Associates, P.C., our team helps clients throughout Chicago, Crystal Lake, and Schaumburg protect what matters most by keeping their estate plans up to date. We understand how quickly life can change and how critical it is that wills, trusts, and powers of attorney reflect current family and financial circumstances.
Contact our Chicago estate planning attorney at Bruning & Associates, P.C. by calling (815) 455-3000 to receive your free consultation. Our attorneys proudly serve clients across Chicagoland and are ready to help ensure every estate plan continues to serve its intended purpose.