Life changes. Your Oregon estate plan can change too.

Should you update or replace your Oregon will?

Actually, it’s a trick question.

When you “update your will” in Oregon, you’re actually replacing it with a new one.

With one exception.

Wondering about creating or reviewing your will?

The exception: Make simple updates with a codicil

You can make simple updates to your will with a document called a codicil. Here’s what to keep in mind:

• A codicil a is a new, separate document that you attach to your current will.
• The codicil is intended only for minor changes, not major revisions to your estate.
• Don’t write on your current will, as it can cause the entire will to be considered legally invalid.
• You’ll need to follow the same legal formalities for a codicil such as for a will, such as witnessing
• Consider working with an estate attorney to evaluate if a codicil is the right action, or if it’s better to draft and implement a new will, and revoke the old one.

How often should you review your Oregon will?

A good rule of thumb is to review your Oregon will every 3-5 years, and anytime you have a major life event.

Big life changes that mean it’s a smart time to update or replace your Oregon will

Major life events are the most common reason to replace an Oregon will, whether for yourself or for someone named in your will:

• Marriage (in fact, Oregon law may void any pre-marriage will each person had in effect prior to marriage)
• Death of any named beneficiary
• Births
• Adoptions
• Stepchildren through marriage
• Divorces
• Business changes
• Changing other parts of your estate, such as modifying or creating a trust
• You moved to Oregon from another state or country. Valid wills from other US states remain in effect, but a new will may better reflect your estate under Oregon law
• Major financial and/or asset changes that affect the size of your estate
• Health changes
• Naming a new personal representative

Your will doesn’t have to be about who receives something from your estate. You can also specify people you want to block from receiving estate asset bequests, known as disinheritance.

Marriage may require you to make a new will

If you get married after having made a will while single, Oregon law generally invalidates your current will, and you’ll need to create a new one.

Plus, a married couple doesn’t share a will. Each person has their own individual will.

Along with setting out your individual wishes, you and your spouse can coordinate what you want your wills to specify, especially so they don’t contradict each other.

Legally in Oregon, spouses cannot disinherit each other in their wills. They have an inherent right to each other’s estates.

After you get married, that’s a crucial time to create a new will that reflects your marriage and spouse.

Why updating your will replaces the old version

Under Oregon law, creating a new will and completing the steps to make it legally valid automatically replaces your old will. There’s no special revocation process to follow, other than completing the new will.

Changing attorneys doesn’t require changing your will

As long as your will is legally valid under state law, you don’t need to change your will if you change the attorney you work with. Your will remains in force. When you’re ready to add a codicil or replace your current will with a new one, then you can consult with your new attorney.

Does your will reflect your life?

Establishing current will is a crucial step in ensuring that your estate is handled the way you intend. It also looks out for the interests of the people and organizations that matter to you

If your will doesn’t reflect your current life, it’s time it did. Is it time to review your will for an update or replacement?