When to Update Your Will in Vermont

A will isn't a one-time document. Life events change your family structure, your assets, and even which state's laws apply to your estate. Vermont has specific statutory provisions — particularly around omitted children and spousal rights — that can completely override an outdated will.

Here are the events that should trigger an immediate review.

After Having or Adopting a Child

Vermont's omitted child statute (14 V.S.A. §§ 332–333) protects children who were born or adopted after the will was executed. If your will doesn't mention a child — and the omission wasn't clearly intentional — that child is entitled to receive their intestate share of the estate by default.

The intestate share is what the child would have received if you died without a will at all. Depending on your family structure, this could be a substantial portion of the estate, potentially overriding specific bequests you made to other people.

To avoid this, update your will after every birth or adoption. You don't need to leave each child an equal share — but you do need to acknowledge their existence in the document. Even a deliberate exclusion is legally effective in Vermont, as long as the will makes the intention clear.

After Marriage or Divorce

Marriage. Vermont doesn't automatically revoke a will upon marriage, but a surviving spouse who was not named in a pre-marriage will has the right to claim the elective share — one-half of the net probate estate under 14 V.S.A. § 319. If your will predates your marriage and doesn't provide for your spouse, they can reject the will entirely.

Divorce. Under Vermont law, provisions in favor of a former spouse are automatically revoked upon divorce. But this only covers the will itself — it does not update beneficiary designations on bank accounts, retirement funds, life insurance, or TOD/POD accounts. If your ex-spouse is still listed as the beneficiary on your 401(k), they receive those funds regardless of your will.

After a divorce, review and update every beneficiary designation across all accounts.

After Moving to Vermont from Another State

A will drafted in another state may be technically valid in Vermont, but it almost certainly wasn't designed for Vermont's legal environment:

• Witness requirements may differ. Vermont requires two disinterested witnesses who sign in each other's presence. Some states accept interested witnesses or don't require mutual presence.
• Vermont's town clerk filing system. If your old will references "county recorder" for real property transfers, your executor will be confused — Vermont uses town clerks, not county offices.
• Community property doesn't apply. If you moved from California, Texas, or another community property state, your estate plan may reference community property provisions that have no meaning in Vermont (though under 9 V.S.A. § 4352, community property retains its character if not retitled).
• Vermont estate tax exposure. Vermont's estate tax applies to estates over $5 million at a flat 16%, and the exemption is not portable. Your old state may not have had a state estate tax.
• Enhanced Life Estate Deeds. Vermont's Lady Bird Deed system and probate-only Medicaid recovery rules create planning opportunities that don't exist in every state.

After a Significant Change in Assets

If you've purchased or sold real property, received an inheritance, sold a business, or experienced a major change in net worth, your will may no longer distribute assets the way you intended.

Pay particular attention to real property. If you acquire a new property in Vermont — a home, camp, or rental — it needs its own probate avoidance strategy (Enhanced Life Estate Deed, joint tenancy, or trust). A will alone doesn't keep real property out of probate.

After a Death in the Family

If someone named in your will dies — an executor, a beneficiary, a guardian for your minor children — the will should be updated. Vermont law has default provisions for what happens when a beneficiary predeceases you (typically the gift passes to their descendants by representation), but the default may not match your actual wishes.

Similarly, if your named executor dies or becomes unable to serve, you need a new appointment. The probate court will appoint someone if your will doesn't name an alternate, but that person may not be who you'd choose.

The General Rule: Every Three to Five Years

Even without a specific triggering event, reviewing your estate plan every three to five years catches issues that accumulate quietly: outdated beneficiary designations, accounts you've opened without POD designations, changes in Vermont tax law, or simply the aging of named guardians or executors.

The Vermont Basic Estate Planning Kit includes a review trigger checklist and coordination worksheet to ensure every update cascades across your will, beneficiary designations, powers of attorney, and property deeds.

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