The idea that a will might eventually expire may leave people concerned about losing control over their legacies if they do not consistently reinvest in creating new estate planning documents. People may worry about their wills becoming invalid later in life.
Understanding how long a will remains valid and enforceable can help people make informed decisions about when they draft their documents and how often they update them. When does a Virginia will potentially lose its authority?
Wills do not expire
The good news for those concerned about the validity of documents they drafted years ago is that there is no specific expiration date or limitation on the document’s authority enshrined in state law or established by prior judicial precedent. A will that is valid remains valid indefinitely.
However, older documents could be at risk of legal challenges during estate administration. If an individual drafted documents years ago, their will might include many outdated and inaccurate terms.
They may include assets they liquidated long ago or may not include their newest, most valuable assets. The creation of the will might also predate the expansion of their family by the birth of new children or grandchildren.
Individuals excluded as beneficiaries could potentially contest egregiously outdated wills on the basis of inaccurate terms. The age of the document does not invalidate it. The inaccurate contents of the will are what give rise to legal challenges after a person dies.
Individuals who routinely review and update their wills are typically less vulnerable to having their wishes undermined by people who contest their documents after their passing. Working with an attorney to review and modify a will as personal circumstances change can help people retain control over their legacies.