Why Reviewing Your Trust Regularly Isn’t Optional—It’s Essential
You’ve taken the time to create an estate plan that includes a trust—that’s a major step toward protecting your loved ones, avoiding court involvement, and ensuring your wishes are carried out exactly as you intend.
But here’s what many families don’t realize: Creating your estate plan is not a one-time event. Your trust is a living legal instrument that needs to evolve along with your life, assets, and the law. Without regular updates, it could fail when your family needs it most.
Let’s explore why your trust deserves ongoing attention, how often you should review it, and what can happen if you don’t.
1. Life Changes—Your Trust Should Change Too
Life doesn’t stand still, and neither should your estate plan. Every major change in your personal, financial, or family circumstances can affect how your trust functions.
If you’ve experienced any of the following, it’s time to schedule a trust review:
Marriage, divorce, or remarriage – Your family structure changes, and your beneficiary designations may need updating.
Birth or adoption of a child or grandchild – You may want to provide for them through specific trust provisions or educational funds.
Death or incapacity of a spouse, trustee, or beneficiary – Your successor choices may no longer be appropriate.
Acquisition or sale of major assets – New property, investments, or a business must be properly titled in your trust.
Relocating to another state – Each state has unique estate and trust laws that can affect your plan.
Ignoring these updates can cause your trust to fail at its purpose—to avoid probate and protect your loved ones.
2. The Law Changes—Even When Your Wishes Don’t
Even if your personal situation hasn’t changed, laws and tax regulations often change.
Federal tax rules, state probate codes, and trust administration laws evolve. For example, the Tax Cuts and Jobs Act of 2017 significantly changed estate tax exemptions, making older trusts outdated or inefficient for many families.
If your plan was created before major legislative changes, it may contain provisions that are no longer beneficial—or worse, no longer valid. Regular legal reviews ensure your trust complies with current law and maximizes every advantage available to you.
3. How Often Should You Review Your Trust?
As a general guideline, I recommend a comprehensive estate plan review every three to five years—even if you believe nothing significant has changed. Small adjustments over time can make a big difference in how your plan performs later.
Your estate planning attorney can help determine whether you need a simple amendment or a complete restatement of your trust based on these factors.
4. The Risks of an Outdated Trust
Failing to update your trust can lead to outcomes you never intended:
Assets left out of your trust may go through probate.
Outdated beneficiary designations could direct assets to people you do not wish to receive an inheritance.
Family disputes can arise from unclear or conflicting trust terms.
Tax inefficiencies may reduce your heirs’ inheritance.
Reviewing your trust regularly is one of the simplest ways to avoid these challenges.
5. Reviewing Your Trust: A Smart Legal Habit
A trust review doesn’t always mean rewriting your entire plan. Sometimes, it’s simply confirming that everything is still aligned with your life, your values, and the current law.
