Writing a will might be something that crossed your desk seemingly ages ago. You may have created a comprehensive plan for your assets, documented your medical wishes in a health care surrogate designation and living will, or appointed a durable power of attorney to protect you in case of incapacity.

But there’s one problem: estate planning is not a “set it and forget it” situation. Many people believe that once they sign a will, it’s “done.” But the people who understand that estate plans must be updated are the ones who are truly protected and ahead of the curve. Every day, your life circumstances and your state’s laws change. That means your will—and your other estate planning documents—may no longer reflect your current wishes.

So, does a will from 2010 still work today?

Is a Will from 2010 Still Legally Valid?

As a general rule, a properly executed last will and testament does not expire, no matter how much time has passed since it was written.

But legal validity is not the same as effectiveness. When you rely on an old will, you may be putting yourself, your loved ones, and your assets at risk. Common risks include:

• Outdated beneficiaries: people you named may have passed away, become estranged, or been replaced by new family members who aren’t mentioned at all.
• Executors who are no longer appropriate: the person you appointed to manage your estate may have died, moved away, or your relationship with them may have changed significantly.
• Changes in state laws: especially relevant for Florida residents, where homestead rules, probate procedures, and Medicaid regulations have continued to evolve.

The real question isn’t “Is it valid?” but rather “Is it still right for you?”

How Often Should You Review Your Will?

Changes to your life circumstances or family structure are a clear sign that it’s time to revisit your estate plan. You should update your will and other estate planning documents in the case of:

• Marriage or divorce
• Birth or adoption of children or grandchildren
• Death or incapacity of a named beneficiary or executor
• Significant changes in your financial situation
• Moving to another state

If a will was written before a grandchild was born, they may be unintentionally excluded. If you have divorced and remarried a new partner, your former spouse may stand to inherit your assets. If you have moved South from another state for your retirement years, your plan may not be valid in Florida.

If you’re not sure whether or not you are due for a review, ask yourself:

• Has it been 3 to 5 years since I last updated my plan?
• Have I had any significant life changes in recent weeks, months, or years?
• Is my relationship status different than when I created my plan?
• Have I acquired or gotten rid of any major assets, including real estate?
• Do my goals and priorities feel different than they did when I last signed these documents?

If you answered “yes” to any of these, it’s worth speaking with an estate planning professional. Further, reviewing your will doesn’t have to mean a complete rewrite: even small, targeted updates can make a meaningful difference.

It’s also worth noting that a modern estate plan often goes well beyond a simple will. Trusts, advance directives, durable powers of attorney, and beneficiary designation reviews all work together to form a complete picture. If your 2010 plan consisted only of a will, there may be significant gaps worth addressing. Avoid the stress, cost, and family conflict that can arise from an outdated plan by keeping your documents current as your life evolves.

Changes in Laws and Planning Strategies for Florida

Estate planning laws are not static, and Florida is no exception. A will drafted in 2010 may be missing protections and strategies that have since become standard practice in the last fifteen years. Florida-specific considerations include:

• Homestead laws: Florida’s homestead protections are among the most complex in the country. They can affect who can inherit your primary residence, and older documents may not account for recent clarifications or changes in how these rules are applied.
• Probate rules: Florida’s probate process has its own procedures and timelines, distinct from that of other states. A will that was not specifically drafted with Florida law in mind may result in a lengthier or more costly probate process for your family.
• Medicaid and long term care planning: The cost of long term care and the eligibility requirements for Medicaid can significantly shift over time. An older plan may leave your assets unnecessarily exposed if you require assisted living or nursing home care.

Risks of Not Updating Your Will

Leaving an outdated will in place can create serious problems for the people you love most. The risks include:

• Family disputes or confusion (ambiguous or outdated language can lead to disagreements and costly litigation)
• Assets going to unintended people (like an ex-spouse, a deceased individual’s estate, or someone whose relationship with you has changed dramatically)
• Increased probate costs and delays (outdated or incomplete plans leave more work to be done in crisis, causing higher legal fees and longer wait times)
• Missed opportunities for tax savings or asset protection (outpaced by changing laws)
• Additional stress on loved ones during an already difficult time (forcing your family to navigate legal and financial complications at the worst possible moment)

Your estate plan is a gift of peace. It keeps your family from entering financially costly and emotionally heavy situations when they are least equipped to handle them.

When to Work with an Estate Planning or Elder Law Attorney

While a will from 2010 may still be technically valid, it oftentimes does not efficiently protect your wishes, or those of your family. The longer you wait to update your estate plan, the greater the chance that your plan and your life have quietly drifted apart.

A professional review doesn’t take long, and the peace of mind it provides is invaluable. Schedule a review of your estate plan today to ensure your wishes are honored, your family is protected, and your legacy is exactly what you intend it to be.