Do Not Wait Until It Is Too Late: Updating and Revoking Your Estate Plan
- Colin McMichen
- 15 minutes ago
- 5 min read
Estate planning is not a one-time task. While creating a will, trust, power of attorney, or advance directive is an important step, those documents should change as your life changes. When estate planning documents are outdated—or improperly revoked—they can create confusion, delay, and unnecessary stress for the people you care about most.
At Provident Law / Estate Planning LLC, we often meet families who assumed their documents were "taken care of," only to discover they no longer reflect their current wishes or circumstances. This article explains when revocation or updates may be needed, how the process works, and why timing and capacity matter.
Life Changes that Often Trigger Estate Plan Updates
Major life events are the most common reason estate planning documents need to be reviewed or revoked. Some of the most common include:
Marriage or remarriage
Divorce or separation
Birth or adoption of a child or grandchild
Death, illness, or incapacity of a spouse, beneficiary, trustee, or agent
Significant changes in assets or finances
Starting, buying, or selling a business
Moving to a new state
Health changes or long-term care concerns
Changes in family relationships or priorities
Even when documents are still legally valid, they may no longer reflect what you want today. For example, a named personal representative may have passed away, or a trust may not address assets acquired after it was created.
Legal Capacity and Your Right to Revoke Estate Planning Documents
Most estate planning documents—including wills, revocable living trusts, powers of attorney, and advance directives—can be revoked or updated as long as you have legal capacity. In practical terms, capacity means you understand what the document does, what will happen if it is changed or revoked, and who may be affected by that decision.
Capacity is essential. If a document is revoked or amended after capacity has been lost, the change may be challenged. That often leads to court involvement, family disputes, and outcomes that do not reflect your intentions.
For revocable documents, such as a will, revocable living trust or a power of attorney, you generally maintain control during your lifetime and may revoke or replace them at any time while you are mentally competent. Once capacity is lost, however, your ability to make changes may be limited—or eliminated entirely.
Do Not Wait Until It Is Too Late
Many people delay updating their estate plan until a health crisis forces the issue. Unfortunately, that is often when capacity becomes uncertain or is already lost. Reviewing your documents early—and revisiting them regularly—helps ensure your wishes are clear and legally enforceable.
Taking action sooner allows you to:
Revoke outdated documents before they cause problems
Update your plan while capacity is clear
Reduce the risk of disputes or challenges later
Keep control over who makes decisions on your behalf
How a Will Can Be Revoked
A will may generally be revoked in one of the following ways:
Executing a new will that clearly revokes all prior wills and codicils
Physically destroying the will with the intent to revoke it
Because old wills often remain in circulation, revocation should be handled carefully. Assuming a will has been revoked—without taking the proper legal steps—can result in unintended outcomes and disputes among family members.
*To learn more about revoking a will in Alabama, see Alabama Code Section 43-8-136. To learn more about revoking a will in Florida, see Section 732.505, Florida Statutes and Section 732.506, Florida Statutes.
Revoking or Amending a Trust
Whether a trust can be revoked depends on the type of trust:
Revocable trusts may generally be amended or revoked by the person who created the trust, so long as they have legal capacity. In some cases, a successor trustee may also have authority to amend or revoke a trust, but only if that power is expressly granted in the trust agreement or through a valid durable power of attorney.
Irrevocable trusts generally cannot be revoked, except in limited circumstances.
Any changes to a trust must follow the terms of the trust agreement and applicable state law. Informal notes or verbal instructions are rarely sufficient and may be ignored altogether.
Updating Powers of Attorney and Advance Directives
Powers of attorney and advance directives should be reviewed regularly, especially when:
Your chosen agent is no longer available or appropriate
Your marital status changes
Your medical preferences evolve
Revoking these documents usually requires a written revocation that is properly signed and delivered. Simply signing a new document may not be enough if third parties are still relying on the old one.
Who Should Be Notified When Documents Are Revoked
After revoking or updating estate planning documents, it is important to notify the people and institutions who may rely on them, including:
Former and current agents, trustees, or personal representatives
Family members who may be affected
Physicians, hospitals, and care facilities
Banks, investment firms, and other financial institutions
Insurance companies
Failing to notify the right parties can result in outdated documents being followed during an emergency.
Proper Handling of Old Estate Planning Documents
Once documents are revoked or replaced, older versions should be handled carefully:
Clearly mark them as “Revoked”
Destroy them when appropriate
Remove them from safe deposit boxes and digital storage
Ensure updated documents are easy to locate and nominated trustees, personal representatives, and agents are aware of their roles and responsibilities.
Multiple conflicting documents increase the likelihood of delays, confusion, and disputes.
Why Working with an Estate Planning Attorney Matters
Revoking or updating estate planning documents is not just a paperwork exercise. Each document must comply with state law, and mistakes can leave outdated plans in effect.
An experienced estate planning attorney can help you:
Identify documents that no longer serve your goals
Properly revoke and replace them
Coordinate updates across your entire estate plan
Reduce the risk of future conflict
Your Next Step
Your estate plan should reflect your current life, relationships, and priorities—not a version of yourself from years ago. Regular reviews, especially after major life or health changes, are one of the most effective ways to protect your wishes and your family.
If you are unsure whether your estate planning documents are still up to date, Provident Law / Estate Planning LLC can help. We work with clients to ensure their plans are clear, current, and designed to work when they are needed most.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families in Alabama and Florida navigate complex legal matters with confidence.
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