Creating a will is one of the most important steps you can take to protect your family, preserve your assets, and ensure your wishes are carried out after your death. Yet for many Maryland residents, simply having a will on file feels like the end of the process, not something that requires regular review. Unfortunately, that’s where costly mistakes and family conflicts often begin.

An outdated will can be more dangerous than having no will at all. That’s because a will that no longer reflects your current circumstances can create confusion, trigger disputes, and even contradict Maryland estate laws. At Blackford & Flohr, our experienced estate planning attorneys have seen firsthand how outdated estate documents can lead to long, painful, and expensive legal battles.

If you created your will more than a few years ago or if you’ve experienced major life changes, now is the time to revisit it. Here’s why.

The Hidden Risks of an Outdated Will

A will is only as effective as it is accurate. When your life changes but your estate plan does not, your intentions can be misinterpreted or even legally challenged. In some cases, beneficiaries may receive more (or less) than you ever intended.

1. Outdated Wills Can Contradict Maryland Law

Maryland’s estate, tax, and inheritance laws evolve over time. An older will might include provisions that are no longer valid under current state statutes. For example:

• Maryland’s elective share laws have changed in recent years, affecting how much a surviving spouse is entitled to receive, regardless of what your will says.
• Updates to digital asset laws (such as access to social media, cryptocurrency, or online accounts) may render older wills incomplete.
• Federal and Maryland estate tax thresholds shift periodically, which could impact how your estate is taxed.

If your will doesn’t align with current law, portions of it may be disregarded by the court, leaving your estate open to dispute.

2. Life Changes Render Old Wills Obsolete

A will should reflect your current family and financial picture, not the way things looked a decade ago. Common life events that make a will outdated include:

• Marriage, divorce, or remarriage
• Birth or adoption of a child or grandchild
• Death of a spouse or other key beneficiary
• Acquisition or sale of real estate, investments, or business interests
• Relocation to or from Maryland
• Significant changes in your net worth

If your will still names a deceased beneficiary, excludes new family members, or fails to address recently acquired assets, the court will be forced to interpret your intentions, often leading to disagreements among heirs.

3. Old Executors May Be Unable or Unwilling to Serve

The person you originally named as executor or personal representative might no longer be the right fit. They could be living out of state, incapacitated, or simply uninterested in the responsibility. An outdated will that lists the wrong executor can cause serious administrative delays and confusion during probate.

4. Beneficiary Designations May Conflict with Your Will

Even if your will is up to date, certain assets, such as life insurance policies, retirement accounts, or payable-on-death bank accounts, transfer based on the beneficiary designations you’ve listed directly with the financial institution.
If those designations don’t match your will, the named beneficiary takes priority, no matter what your will says. This means your estate plan must be reviewed holistically, not just the will itself.

The Legal and Emotional Consequences of an Outdated Will

An outdated will doesn’t just complicate estate administration. It can also spark family conflict and financial loss.

1. Family Disputes and Litigation

When heirs are unsure of your true intentions, emotions can run high. Children, siblings, or spouses may question whether the will still reflects your wishes.
At Blackford & Flohr, we’ve seen Maryland families endure years of litigation, draining estate assets and relationships alike, because of outdated or vague estate documents.

2. Delays in Probate

Probate in Maryland can already be a lengthy process, but an outdated will adds unnecessary complications. Missing signatures, invalid witnesses, or conflicting instructions can all lead to court delays or rejections.
In some cases, the court may treat the estate as though there were no valid will at all, forcing distribution under Maryland’s intestacy laws – the exact outcome you were trying to avoid.

3. Unintended Disinheritance

It’s more common than many realize: a parent drafts a will before having additional children or stepchildren, and later passes away without updating it. In Maryland, this can leave a surviving child unintentionally disinherited.
Updating your will ensures that every loved one is accounted for and that your estate reflects your current family structure and intentions.

4. Increased Tax Exposure

If your estate has grown in value since you last drafted your will, it may now be subject to higher estate or inheritance taxes. An outdated will might lack the trust mechanisms or charitable provisions necessary to reduce that liability. A Maryland estate attorney can identify these risks and structure updates to help minimize your tax burden.

How Often Should You Update Your Will?

As a general rule, your will should be reviewed every three to five years or any time you experience a major life event. However, certain circumstances make immediate updates essential:

• You’ve moved to a new state: Estate laws vary, and Maryland’s probate requirements differ from those in neighboring jurisdictions like Virginia, Delaware, and Pennsylvania.
• Your family has changed: New marriages, births, deaths, or divorces all require updates.
• Your assets have changed: If you’ve sold property, acquired a new home, inherited money, or started a business, your will should reflect those changes.
• You’ve experienced a shift in health or relationships: As you age or as family dynamics evolve, updating your will helps ensure your wishes remain clear and enforceable.

By revisiting your will regularly, you can ensure that your estate plan evolves alongside your life, not after it.

How to Update Your Will in Maryland

Updating your will doesn’t always mean starting over. Depending on your situation, you may be able to execute a codicil (an amendment to your existing will) or draft an entirely new document.

Here’s what the process typically involves:

1. Review Your Existing Estate Documents: Gather your current will, any codicils, and beneficiary statements for insurance or retirement accounts.
2. Consult with a Maryland Estate Planning Attorney: An attorney familiar with Maryland’s probate code can determine whether revisions, additions, or a complete rewrite make the most sense.
3. Address Inconsistencies and Outdated Provisions: Remove references to deceased individuals, sold properties, or outdated executors. Ensure your language reflects current laws and intentions.
4. Execute the Will Properly: Maryland requires that wills be signed in the presence of at least two witnesses who are not beneficiaries. Failure to meet these requirements can invalidate the document.
5. Store Your Updated Will Safely: Keep your will in a secure but accessible location, and inform your executor and attorney where it can be found. Avoid storing it in a locked safe deposit box unless your executor can access it immediately after your death.

Why Working with a Maryland Estate Attorney Matters

DIY wills or online templates may seem convenient, but they rarely address the nuances of Maryland law or your specific financial situation. An experienced estate planning attorney can:

• Ensure your will complies with current Maryland and federal requirements
• Coordinate your will with trusts, powers of attorney, and healthcare directives
• Help minimize estate and inheritance taxes
• Protect your beneficiaries from avoidable disputes
• Provide continuity of counsel for your family after your passing

At Blackford & Flohr, we help clients across Anne Arundel County and the greater Maryland area build and maintain estate plans that truly reflect their wishes. Whether you’re drafting a will for the first time or updating one written years ago, our goal is to give you peace of mind knowing your legacy is protected.

Contact Blackford & Flohr

If your will hasn’t been reviewed in several years, now is the time to act. The estate planning attorneys at Blackford & Flohr can help you update or draft a will that aligns with your current life, family, and financial goals. Contact us today to get started.