If you marry, divorce, or welcome a new child in New York, you should review and update your will promptly, because each of these life events changes who inherits, who has rights you cannot easily override, and who should be in charge of your estate. A will is not a “set it and forget it” document. It takes effect only at your death and is admitted to probate in the Surrogate’s Court, so the version that controls is whatever was validly executed and in force when you pass away. At Morgan Legal Group, our estate-planning practice exists to keep that document aligned with your real life, and to prepare the full suite of related instruments that work alongside it. This services-overview guide walks you through what changes after marriage, divorce, and the arrival of a child, and how our team handles each scenario across New York State.
Why Life Events Make Will Updates Urgent in New York
New York law gives certain family members protections that operate whether or not your will mentions them. The most important is the spousal right of election under EPTL 5-1.1-A, which lets a surviving spouse claim a minimum statutory share of your estate regardless of what your will says. Marriage instantly creates that right. Divorce changes the picture in a different way, and a new child can shift how your estate is divided among descendants.
There is also the risk of dying without a valid will at all. Under EPTL Article 4, if you die intestate (with no will), New York law dictates distribution to your next of kin in fixed shares. That statutory formula rarely matches what most people actually want, especially in blended families. The cleanest way to stay in control is to keep a properly drafted, properly executed will current with your circumstances. Our will drafting overview explains how we build that document from the ground up.
After Marriage
Marriage is the single most common reason a New York will becomes outdated. Consider:
- Your new spouse gains the right of election under EPTL 5-1.1-A, so an old will that leaves everything to others may still be partly overridden.
- You likely want to name your spouse as a beneficiary, executor, or both, and coordinate that with retirement accounts and life insurance that pass outside the will.
- Second marriages often call for careful balancing between a new spouse and children from a prior relationship, frequently using trusts rather than outright gifts.
After Divorce
In a divorce, assumptions baked into an old will can quietly persist if you do nothing. You should affirmatively revisit and re-execute your plan to:
- Remove a former spouse as a beneficiary, executor, trustee, and agent where that is your intent.
- Re-route gifts and fiduciary roles to children, family, or other trusted people.
- Update guardianship nominations for minor children if your family structure has shifted.
Because a will only speaks at death, the safest course is a freshly drafted and re-executed instrument rather than relying on assumptions about what a divorce decree does or does not undo.
After a New Child
A new child, whether by birth or adoption, almost always warrants an update so that:
- The child is expressly included as a beneficiary on the terms you choose.
- You nominate a guardian for the child in case both parents are gone.
- You consider a trust to hold the child’s inheritance until an age you select, rather than an outright distribution at age 18.
The Documents Morgan Legal Group Prepares
Updating a will is rarely just one document. As a full-service New York estate-planning firm, we prepare and coordinate the instruments that work together. The table below shows the core services and when each typically comes into play.
| Service | What it does | Common trigger |
|---|---|---|
| Will drafting | Creates or replaces your primary property will | Marriage, divorce, new child |
| Codicil | Amends a specific provision of an existing will | A single, isolated change |
| Will execution | Formal signing and witnessing under EPTL §3-2.1 | Any new will or codicil |
| Trust planning | Holds assets for a spouse, child, or blended family | Second marriage, minor children |
| Guardian nomination | Names who raises your minor children | New child, divorce |
| Health-care directives | Living will and health-care proxy (separate from a property will) | Any major life event |
A few points deserve emphasis. First, a codicil is a formal amendment, not a casual edit; it must be executed with the same formalities as a will. When changes are extensive, a full re-draft is usually cleaner than stacking codicils. See our codicils and amendments page for how we decide between the two.
Second, do not confuse a living will with a property will. A living will is a separate health-care and end-of-life document expressing your wishes about medical treatment; it does not distribute your assets. Both belong in a complete plan, and we prepare both, but they serve entirely different purposes. Our living will page explains that distinction in detail.
Getting Execution Right Under New York Law
A will is only as good as its execution. Under EPTL §3-2.1, a New York will must meet specific formalities:
- The testator must sign at the end of the will, or another person may sign in the testator’s presence and at the testator’s direction.
- The will must be signed in the presence of, or acknowledged to, at least two attesting witnesses.
- The testator must declare the instrument to be their will (this is called publication).
- The witnesses must sign at the testator’s request and add their residence addresses.
- Both witnesses must sign within one 30-day period; the statute creates a rebuttable presumption that this 30-day requirement was met.
If any of these steps is mishandled, the will can be challenged in the Surrogate’s Court, potentially throwing your estate back toward the intestacy rules of EPTL Article 4. That is exactly the outcome a fresh will is meant to prevent. Our will execution service supervises the signing ceremony so that every requirement is satisfied and documented. For a deeper breakdown of the statutory rules, visit our New York will requirements page.
Frequently Asked Questions
Does getting married automatically cancel my old New York will?
No. Marriage does not automatically revoke your existing will in New York, but it does create a spousal right of election under EPTL 5-1.1-A that can override parts of an outdated will. The right answer is to update the will so it reflects your marriage on your terms.
Does divorce automatically remove my ex from my will?
You should not rely on divorce to handle this for you. The safest practice is to affirmatively re-draft and re-execute your will to remove a former spouse from beneficiary and fiduciary roles, and to update guardianship and trust provisions accordingly.
Can I just add my new child with a quick handwritten note?
A handwritten note is not a valid amendment. Changes must be made by a properly executed codicil or a new will that satisfies EPTL §3-2.1, including two attesting witnesses. We routinely prepare and supervise these so the change holds up in Surrogate’s Court.
Is a living will the same as the will that gives away my property?
No. A living will is a separate health-care document about medical treatment and end-of-life wishes. Your property will, governed by EPTL and admitted to probate at death, distributes your assets. A complete plan includes both, and we prepare each.
Talk With a New York Estate-Planning Attorney
Marriage, divorce, and a new child each reshape your estate plan in ways that intestacy and old paperwork cannot capture. Morgan Legal Group, led by Russel Morgan, Esq., prepares wills, codicils, trusts, guardian nominations, and health-care directives, and supervises proper execution under New York law, so your wishes are clear and enforceable statewide.
Ready to update your will? Schedule a 30-minute consultation with Russel Morgan, Esq. and bring your plan in line with your life today.
Further reading from Morgan Legal Group: New York will execution requirements.