Estate planning is a crucial aspect of ensuring that your assets are distributed according to your wishes after your passing. A fundamental component of this planning is the creation of a will. However, many individuals question the durability of this vital document: Do wills expire? Understanding the validity and potential need for updates to your will is essential for effective estate management.

The Perpetual Validity of Wills

In Maryland, as in many other jurisdictions, a properly executed will does not have an expiration date. Once created, it remains in effect indefinitely unless explicitly revoked or superseded by a new will. This means that a will drafted decades ago is still considered valid today, provided it meets the legal requirements established at the time of its execution.

Circumstances That May Invalidate a Will

While wills do not expire, certain actions or events can render them invalid:​

• Revocation by the Testator: The individual who created the will (the testator) can revoke it at any time, provided they are of sound mind. This revocation can be accomplished by physically destroying the document or by drafting a new will that explicitly nullifies the previous one. ​
• Creation of a New Will: Executing a new will typically revokes any prior wills. It’s advisable to state clearly in the new document that all previous wills are revoked to avoid potential confusion.
• Significant Life Changes: Major events such as marriage, divorce, the birth of children, or substantial changes in assets may necessitate updating your will. While these events don’t automatically invalidate an existing will, failing to address them can lead to unintended distributions or legal challenges.

The Importance of Regularly Reviewing Your Will

Given that wills do not expire but can become outdated, it’s prudent to review your will periodically to ensure it accurately reflects your current wishes and circumstances. Consider revisiting your will under the following conditions:​

• Changes in Marital Status: Marriage or divorce can significantly impact the distribution of your assets. Updating your will ensures that your current spouse or former spouse is appropriately considered.​
• Birth or Adoption of Children: Welcoming new members into your family is a pivotal reason to update your will to include provisions for their care and inheritance.
• Significant Financial Changes: Acquiring or disposing of substantial assets, such as real estate or investments, should prompt a review of your will to ensure these changes are accounted for.​
• Relocation to a New State: Moving to a different state may subject your will to different laws. While Maryland recognizes wills executed in other states if they were valid under those states’ laws, it’s wise to consult with a local attorney to ensure compliance with Maryland’s specific requirements. 

Do Living Wills Expire?

A living will, also known as an advance directive, outlines your preferences for medical treatment in situations where you may be unable to communicate your decisions. Unlike traditional wills, living wills can have expiration dates, depending on state laws and the specific terms outlined in the document. In Maryland, a living will remains valid indefinitely unless revoked or a new one is executed. However, it’s advisable to review and update your living will periodically to ensure it aligns with your current medical preferences and circumstances.

Ensuring the Validity of Your Will in Maryland

To ensure your will remains valid and enforceable in Maryland, it must meet specific legal requirements:

• Age and Mental Capacity: The testator must be at least 18 years old and of sound mind when creating the will.
• Written Document: The will must be in writing. ​
• Signature: The testator must sign the will.
• Witnesses: The will must be signed by two or more credible witnesses in the presence of the testator.

Adhering to these formalities is crucial to prevent potential challenges to the will’s validity during probate.​

Steps to Update or Change Your Will

If you need to update your will due to life changes or evolving preferences, consider the following steps:

1. Consult an Estate Planning Attorney: Engaging with a legal professional ensures that any modifications comply with Maryland law and that your intentions are clearly articulated.​
2. Create a Codicil or a New Will: Minor changes can be made through a codicil, a supplementary document that amends the original will. For more substantial revisions, drafting a new will is often more appropriate.
3. Execute the Document Properly: Whether you’re adding a codicil or creating a new will, it must be executed with the same legal formalities as the original, including proper witnessing.​
4. Communicate with Relevant Parties: Inform your personal representative (executor) and any affected beneficiaries about the changes to ensure they are aware of your current wishes.

The Role of the Register of Wills

In Maryland, you can file your will with the Register of Wills for safekeeping for a one-time fee of $5.00. An original will brought to the Register of Wills’ office for safekeeping should be sealed in an envelope, with your name, address, and the last four digits of your social security number clearly legible on the cover. During your lifetime, the will you deposited can only be released to you or a person authorized by you in writing to receive it. This service ensures that your will is secure and easily accessible upon your passing.

Common Misconceptions About Wills and Expiration

Many people have misconceptions about wills and their longevity. Here are some of the most common myths:

• “A will expires after a certain number of years” – As long as a will is legally executed, it remains valid indefinitely unless revoked or replaced.
• “Moving to another state automatically invalidates a will” – While different states have varying laws, a will executed in one state is generally recognized in another. However, reviewing your will after moving ensures it complies with local laws.
• “A will must be updated every few years to stay valid” – While updating a will is a good practice, it does not expire simply due to age. The only requirement for a valid will is that it adheres to legal formalities when created.

Secure Your Legacy with Frame & Frame Attorneys at Law

Estate planning is not a one-time event—it requires ongoing attention to ensure your wishes are honored and your loved ones are protected. If you have an outdated will, significant life changes, or questions about estate planning in Maryland, Frame & Frame Attorneys at Law can help.

Our experienced estate planning attorneys will guide you through every step, ensuring that your will remains legally sound and accurately reflects your intentions. Contact us today to schedule a consultation and secure your family’s future.