When is it Time to Update Your Estate Plan?

 Posted on January 25, 2026 in Estate Planning

When your life, your finances, or Texas law have changed in a way your current documents do not reflect, it is time to update your estate plan. Many people wait too long, even though outdated plans often cause confusion or disputes. In fact, a 2025 national survey found that more than 60 percent of American adults still do not have an up-to-date will. That gap can leave families unprotected when something unexpected happens.

If you are unsure whether your plan still works for you in 2026, a Flower Mound, TX estate planning lawyer can help you review it before problems arise.

How Does an Outdated Estate Plan Cause Problems?

An estate plan only works if it matches your current wishes and circumstances. When plans are outdated, courts and loved ones are helpless to honor what you truly want.

Changes in family relationships, assets, or health can make older documents confusing or even invalid. In some cases, outdated plans send property to the wrong people or fail to name decision-makers when they are needed most.

Texas courts must follow the written documents, even if they no longer reflect what you would want today.

What Life Events Should Trigger an Estate Plan Update?

Certain life changes are strong signals that your estate plan needs review:

• Marriage, divorce, or remarriage

• Birth or adoption of a child or grandchild

• Death of a beneficiary, executor, or trustee

• Major changes in assets, such as buying property or starting a business

Even positive changes can create serious gaps if your plan is not updated to match them.

How Often Should I Review My Estate Plan in Texas?

Even without major life changes, it is wise to review your estate plan regularly. As a general rule, many attorneys recommend reviewing estate planning documents every three to five years. This helps ensure the plan still suits your wishes and goals and complies with current laws.

Texas laws change, and older documents may rely on rules that no longer apply. Regular reviews can help catch issues before they turn into problems.

What Happens if My Estate Plan Does Not Follow Texas Law?

Estate planning documents must meet specific legal requirements to be valid. Under Texas Estates Code § 253.002, wills must meet formal execution standards to be enforceable. If a will is outdated or improperly signed, it may be challenged or ignored by the court.

Powers of attorney also require careful review. Under Texas Estates Code § 751.0021, durable powers of attorney must include specific language to remain effective if the person becomes incapacitated. Failing to update documents can leave families without clear authority during emergencies.

Should I Update Beneficiary Designations Separately in Texas?

Beneficiary designations often control important assets, even if they conflict with a will. Accounts like life insurance policies and retirement plans pass directly to named beneficiaries. If those designations are outdated, assets may go to an ex-spouse or someone you no longer intend to benefit. Reviewing beneficiary forms alongside your estate plan helps keep everything consistent.

What Estate Planning Documents Commonly Need Updates?

Estate plans usually involve more than just a will. Documents that often need updates include:

• Wills and trusts, which control who receives your property and when

• Financial and medical powers of attorney, which name someone to make decisions for you if you cannot

• Advance directives and living wills, which explain your wishes for medical care

• Guardianship designations for minor children, which tell the court who you want caring for your children

Updating only one part of an estate plan without reviewing the others can create conflicts. For example, a will may name one person, while a power of attorney names another, leading to confusion at a critical time. Reviewing the entire plan together helps ensure everything works as intended.

Contact Our Denton County, TX Estate Planning Attorney

If it has been years since you reviewed your estate plan, now is the right time to take a closer look. At Colbert Law Group PLLC, clients benefit from decades of legal experience serving Texas and Oklahoma communities since 1992. Attorney Colbert has served as an administrative law judge and a tribal judge for the Chickasaw Indian Nation. He brings a broad and practical perspective to estate planning matters.

To find out what we can do for you, contact our Flower Mound, TX estate planning lawyer at 972-724-3338 today. We can schedule a phone or video conference to make the process easier for you if necessary.