There’s something satisfying about checking “create estate plan” off the to-do list. Finally, the will is signed, the trust is funded, and everything feels organized and responsible. But here’s what many Utah families discover a few years down the road: that sense of “done” can be misleading.
Life has this inconvenient habit of changing in ways people don’t expect when they first create their estate planning documents. Kids grow up, relationships evolve, financial circumstances shift, and sometimes the carefully crafted plan that made perfect sense five years ago doesn’t quite fit current reality anymore.
Estate planning attorneys regularly see families whose documents haven’t kept pace with their lives, and the consequences can range from minor inconveniences to serious family conflicts. The good news is that staying current with estate planning updates doesn’t have to be complicated—if people know what to look for.
The Three-to-Five-Year Rule
Even when nothing dramatic happens in someone’s life, estate planning professionals typically recommend reviewing documents every three to five years. This isn’t just about personal changes—laws evolve, tax rules shift, and what constituted solid planning a few years ago might need adjustment to remain effective.
Utah’s estate planning laws are generally stable, but federal tax laws change more frequently, and these changes can significantly impact how estates are handled. Regular reviews help ensure that documents continue to work as intended and take advantage of any new planning opportunities that might have emerged.
Life Events That Demand Immediate Attention
While regular reviews are important, certain life changes should trigger immediate estate plan updates. Estate planning attorneys consistently see these situations create problems when documents aren’t promptly revised.
Marriage changes everything about estate planning. New spouses typically want to provide for each other, and existing plans that don’t account for the marriage can create confusion or unintended consequences. Divorce has its own complications—while Utah Code § 75-2-804 automatically revokes will provisions benefiting former spouses, the law doesn’t fix every issue that divorce creates in estate planning documents.
The arrival of children or grandchildren represents one of the most emotionally important reasons to update estate plans. New parents need to name guardians, set up financial provisions for minor children, and often reconsider how they want assets distributed. Grandparents frequently want to include new grandchildren in their plans, which might require restructuring existing trust arrangements.
When beneficiaries, executors, or trustees die or become unable to serve, estate plans can become unworkable. Someone who seemed like the obvious choice to manage an estate ten years ago might now live across the country, have health problems, or simply be at a different life stage where taking on these responsibilities doesn’t make sense.
Major financial changes—buying or selling real estate, starting or closing businesses, receiving significant inheritances—can dramatically affect how estate plans work. This is particularly true for families using revocable living trusts, where new assets typically need to be formally transferred into the trust to ensure they’re properly covered.
The Utah Factor
People who move to Utah from other states often assume their existing estate planning documents will work just fine in their new home. While most properly executed wills and trusts remain legally valid after a move, they might not be optimal under Utah law.
Utah has specific rules about spousal rights, property distribution, and probate procedures that can affect how estate plans work in practice. A local review can identify potential issues and suggest improvements that take advantage of Utah’s particular legal landscape.
Health Changes and Long-Term Planning
Serious illness or disability can transform estate planning needs almost overnight. Healthcare directives that seemed adequate when someone was healthy might need significant updates to address new medical realities. Powers of attorney might require modification to ensure they provide the right level of authority for changed circumstances.
Long-term care planning becomes particularly important when health issues arise. Families often need to consider strategies for protecting assets while ensuring access to necessary care, which might require substantial changes to existing estate plans.
When Relationships and Goals Evolve
Sometimes the need for estate plan updates has nothing to do with dramatic life events and everything to do with evolving relationships and priorities. Adult children might prove more or less responsible than parents expected when they first created their wills. Charitable interests might develop or change. Family dynamics might shift in ways that affect how someone wants to distribute their assets.
These changes are often more subtle than marriage, divorce, or the birth of children, but they’re no less important. Estate plans should reflect current values and relationships, not outdated assumptions about family dynamics or personal priorities.
What Actually Needs Review
When estate planning attorneys conduct reviews, they typically examine several key documents and provisions. Wills need attention for beneficiary designations, guardian nominations, and executor selections. Trusts require review of trustee choices, asset funding, and distribution instructions.
Powers of attorney for both financial and healthcare decisions deserve regular attention, particularly as people age or face health challenges. Healthcare directives, including living wills and HIPAA authorization forms, should reflect current medical preferences and family circumstances.
Beneficiary designations on retirement accounts, life insurance policies, and bank accounts often get overlooked during estate plan reviews, but they’re critically important since these assets typically pass outside of wills and trusts. Outdated beneficiary information can cause significant problems for families, regardless of what estate planning documents say.
Making Updates Part of the Process
The families who handle estate plan maintenance most successfully treat it as an ongoing process rather than a series of isolated events. They understand that good estate planning involves regular check-ins and adjustments, not just crisis-driven overhauls.
At Gravis Law, the estate planning team works with Utah families from our Orem and Salt Lake City offices to create documents that can adapt as circumstances change, and they help clients understand when updates might be needed. Whether someone is dealing with major life changes or simply wants to ensure their existing plan remains current, the focus is on making sure estate planning documents continue to serve their intended purposes.
Because ultimately, the goal isn’t just to have estate planning documents—it’s to have estate planning documents that actually work for families as their lives unfold and evolve over time.
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