Outdated wills name dead or divorced beneficiaries

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People create wills and then never update them, even after major life events like divorce, remarriage, births, deaths of beneficiaries, or significant changes in asset composition. A will drafted 15 years ago may name an ex-spouse as primary beneficiary, a deceased parent as executor, and say nothing about children born after execution. So what? When the person dies, the outdated will creates a legal mess: in some states, divorce automatically revokes spousal bequests (but not in all), children born after the will may have statutory rights that override it, and naming a dead executor triggers court-appointed administration with associated delays and costs. So what? The deceased's actual wishes, which evolved over 15 years but were never documented, are unknowable and unenforceable. So what? Family members fight over what the deceased 'would have wanted,' spending inheritance money on litigation. This persists because there is no system that prompts people to review their estate plan after life events. Attorneys have no financial incentive to build ongoing review relationships for documents that were a one-time $500-2000 fee. Life events that should trigger reviews (marriage, birth, home purchase, divorce) are tracked by various government agencies but none are connected to estate plan notifications.

Evidence

A 2023 Caring.com survey found 68% of Americans do not have a will, and of those who do, only 28% have updated theirs in the past 5 years. The Uniform Probate Code's 'pretermitted heir' statutes (adopted in ~20 states) automatically give omitted children a share, overriding the written will. A RocketLawyer study found 22% of existing wills name a beneficiary or executor who has since died. In Egelhoff v. Egelhoff (2001), the Supreme Court ruled that ERISA beneficiary designations on retirement accounts override wills, meaning an ex-spouse received $100K+ in life insurance despite a later will naming the children.

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