Do You Need a New Will After a Major Life Change in Illinois?

 Posted on August 07, 2026 in Estate Planning

In general, you should update your will – or at least revisit it – after a major life change in Illinois. Events like marriage, divorce, having a child, or the death of a beneficiary can significantly affect how your estate is distributed. An outdated will can create confusion, unintended consequences, or even legal disputes among your loved ones after you're gone.

If you need to take another look at your will in 2026, our Oakbrook Terrace, IL estate planning lawyers can help you ensure it still reflects your wishes.

What Life Events Should Prompt a Will Update in Illinois?

Several major life events commonly require a fresh look at your estate plan. Common triggers for an update include:

• Getting married or divorced
• Having or adopting a child
• The death of a beneficiary or named executor
• A significant change in your financial situation, such as starting a business or receiving an inheritance
• Moving to a different state with different estate planning laws

Any one of these events can create a gap between what your will says and what you actually want to happen with your estate.

How Does Marriage Affect Your Will in Illinois?

Marriage doesn't automatically revoke your entire will in Illinois. It can affect certain provisions, especially if your will was created before the marriage and doesn't account for your new spouse.

Under 755 ILCS 5/4-7, divorce generally revokes any part of a will that leaves property to or gives authority to a former spouse. The will is then interpreted as if the former spouse died before the person who made the will.

A surviving spouse who receives little or nothing under the will may have the right to reject the will under 755 ILCS 5/2-8 and claim a statutory share of the estate. This can create complications if you intended a different distribution of your assets.

What Happens if You Don't Update Your Will After Having a Child?

Illinois law includes protections for what's known as a pretermitted child if you have a child after signing your will and don't update it. This means a child who wasn't included in the will. In many cases, this child may still be entitled to a share of your estate, even if your will doesn't mention them by name. Relying on this legal protection isn't the same as clearly stating your wishes yourself, though. It can lead to confusion or disputes among family members if your true intentions aren't documented.

Should You Update Guardianship Designations in Your Will Too?

If your will names a guardian for minor children, you should revisit the designation periodically. This is especially true if the named guardian's circumstances have changed, such as a change in health, location, or relationship with your family. An outdated guardianship designation can create serious complications if something happens to you unexpectedly.

How Often Should You Review Your Will Without a Major Change?

Even without an obvious life event, it's a good idea to review your will every few years to make sure it still reflects your wishes. Laws can change, and financial circumstances can shift gradually. Relationships with beneficiaries or executors can also evolve in ways that aren't always tied to one specific triggering event.

Can You Add an Amendment Instead of Rewriting Your Will?

A codicil is a legal document used to make specific changes to an existing will without rewriting the entire document. This can be a faster and less expensive option when only a small change is needed, such as updating a beneficiary designation or changing an executor.

However, in some cases, it may be more effective to create an entirely new will rather than adding multiple codicils. This is true if you've experienced several significant life changes since your will was created. A new will can help avoid confusion or conflicting provisions between the original document and its amendments.

Contact Our DuPage County Estate Planning Attorneys Today

If your life has changed recently or you just want to revisit your estate plan, Farooqi & Husain Law Office can help. Attorney Naveed Husain combines his legal experience with a deep knowledge of Islamic family law and Islamic estate planning. This gives him a unique perspective to help the Chicago Muslim community navigate how their faith and legal goals intersect, both in and outside of court. Attorney Ausaf Farooqi brings additional experience in immigration and estate planning law. He's one of the few attorneys with a deep understanding of how Islamic personal law intersects with U.S. law.

Contact Farooqi & Husain Law Office at 630-909-9114 to talk to our Oakbrook Terrace, IL estate planning lawyers about your will today.