You drafted your will years ago, signed it, and tucked it away feeling prepared. But here's a truth many people overlook: a will is not a "set it and forget it" document. Major life events such as an accident, divorce, serious illness, or other significant changes can render your carefully crafted estate plan outdated, or even legally ineffective.
If you live in Washington, DC. Maryland, or Virginia, here's what you need to know.
Divorce: Your Ex-May Still Inherit
Going through a divorce is emotionally and legally overwhelming for everyone. Updating your will is often the last thing on your mind, but it may be one of the most important steps you need to take Wills and trusts attorney Maryland.
In Virginia, state law automatically revokes any beneficiary designation made to a former spouse once a divorce is finalized, but does not automatically render a bequest in a Will void. In contrast, Statutes in Maryland and Washington, DC revoke provisions in a Will in favor of a former spouse upon divorce. While this offers some protection, it does not rewrite your Will entirely. If your ex was also named as your executor or held power of attorney, those designations may still need to be formally updated. And if your will left everything to your spouse with no alternate beneficiary named, your estate could pass under intestacy laws meaning the state decides who inherits, not you.
The safest course of action is to execute a new will immediately after separation, not after the divorce is finalized.
Illness: Capacity and Urgency Matter
A serious diagnosis changes so many things, including your estate planning timeline. If you are ill, acting sooner rather than later is critical. To execute a valid will in DC, Maryland, or Virginia, you must have "testamentary capacity," meaning you understand the nature of your assets, who your heirs are, and what signing the document means. A progressive illness affecting cognition can put that capacity at risk over time Wills attorney Howard County MD.
Beyond the Will itself, illness makes other documents equally urgent: a durable power of attorney, a healthcare proxy, and an advanced medical directive. Without these in place, your family may face court proceedings simply to make medical or financial decisions on your behalf. Each of the three jurisdictions has specific requirements for these documents, and an attorney familiar with DC, Maryland, and Virginia law can ensure they are properly executed and recognized across state lines.
Other Life Changes That Trigger a Will Review
Divorce and illness are not the only events that should prompt a review. The birth of a child or grandchild, the death of a named beneficiary, a significant change in assets, or even moving between DC, Maryland, and Virginia can all affect how your estate plan functions.
Don't Wait for a Crisis
Estate planning is an act of care for the people you love. At the Law Office of Brian Gormley, we help clients throughout the DC, Maryland, and Virginia area review, update, and protect their estate plans when life changes.
