Why You Should Review Your Illinois Estate Plan Every Few Years

Article Summary

Life Events That Trigger a Review

No estate plan survives life unchanged. The people you named years ago may have died, moved, or become estranged. Assets you counted on may have been sold or replaced by new ones your plan never anticipated. The following life events should each prompt an immediate review of every estate planning document you have.

Marriage or Divorce

Marriage and divorce are two of the most disruptive events for an existing estate plan — and the way Illinois law handles each is different, and often misunderstood.

If you marry and have an existing will, Illinois law does not automatically revoke that will or add your new spouse as a beneficiary. Your prior beneficiaries remain in place unless you act. More importantly, if you die without a will after marriage, Illinois intestacy law under 755 ILCS 5/2-1 gives your spouse a significant share of your estate — potentially displacing children from a prior relationship. A new estate plan after marriage is not optional; it is essential.

After a divorce, Illinois law under 755 ILCS 5/4-7 automatically revokes will provisions benefiting your former spouse and revokes their appointment as executor. But that protection is narrower than most people realize. It does not update beneficiary designations on retirement accounts, life insurance, or payable-on-death bank accounts — those are governed by federal and contract law, not Illinois statute. It also does not update your revocable living trust, your financial power of attorney, or your healthcare power of attorney. Without a comprehensive update after divorce, your ex-spouse could still receive your retirement account or make healthcare decisions for you.

Birth or Adoption of a Child

The arrival of a new child is one of the most compelling reasons to create — or update — an estate plan. If you have minor children, your will needs to name a guardian to care for them if both parents die. Without a named guardian, an Illinois court decides for you — a process that can be contentious, delayed, and deeply stressful for the family.

Beyond guardianship, you also need to plan for how assets will be managed for young children. Minor children cannot inherit directly in Illinois — a court-supervised guardianship of the estate or a testamentary trust must manage any significant inheritance. If your existing plan leaves assets outright to your children, a new child may be partially omitted, or the distribution structure may no longer fit your family. A revocable living trust with clear terms for how assets are held and distributed for each child by name is typically the better approach.

Death of a Beneficiary, Executor, or Trustee

When someone named in your estate plan dies, the plan does not automatically adjust. A deceased primary beneficiary may mean assets pass to an unintended alternate — or into a residuary clause that distributes them in a way you never intended. A deceased executor or trustee with no named backup forces a court to appoint someone you might not have chosen.

Review your plan any time a named beneficiary, executor, trustee, or agent under a power of attorney passes away. While you are at it, confirm that every backup you named is still living and still willing to serve in that role.

Moving to or from Illinois

Estate planning documents are governed by the state law of the state in which they were executed. If you moved to Illinois from another state, your will and powers of attorney may be technically valid here — but they may not be in the form Illinois professionals and institutions expect, and they may not take advantage of Illinois-specific tools like the Transfer on Death Instrument or summary probate. If you move out of Illinois, the reverse is true. Any relocation across state lines should trigger a review with an attorney licensed in the new state.

Financial Changes That Require Updates

An estate plan built around a $400,000 estate looks very different from one designed for a $4 million estate — and Illinois law treats them very differently too. Financial changes that should prompt a review include:

Legal and Tax Law Changes in Illinois

Estate planning law does not stand still. Both Illinois state law and federal law have changed significantly in recent years, and further changes are always possible. An estate plan drafted under a prior legal regime may contain provisions that no longer work as intended — or that miss planning opportunities that did not exist when it was signed.

How Often Should You Review Your Illinois Estate Plan?

The standard recommendation among Illinois estate planning attorneys is a comprehensive review every three to five years, regardless of whether any obvious life event has occurred. A five-year-old plan can be stale even if nothing dramatic has changed in your life — asset values shift, the people you named age, Illinois law evolves, and your own priorities and values may have changed without you fully realizing it.

In addition to that baseline, certain events should trigger an immediate review regardless of when you last updated:

What to Look at During an Estate Plan Review

A thorough estate plan review is not just rereading your will. It covers every document in your plan, every asset title, and every beneficiary designation — because they all work together, and a gap in any one can undermine the rest. Here is what a complete Illinois estate plan review should cover:

Frequently Asked Questions

Next Steps

The most important thing an estate plan review tells you is whether your plan still matches your life. In many cases, the answer is yes — a quick check gives you peace of mind and you move on. In some cases, a review uncovers a beneficiary who has died, a trustee who has moved away, or an asset worth far more than when your plan was written. Catching those gaps now, rather than after your death, protects the people you care about.

If you have not reviewed your Illinois estate plan in the past three years — or if any of the life events described above have occurred — now is the right time. Illinois Estate Law offers flat-fee estate plan reviews for individuals and couples across the Chicago area, with virtual appointments available throughout Illinois. Our team will walk through every document, identify gaps or outdated provisions, and give you a clear picture of what your plan does and does not accomplish today.

For related reading, see our guides on Illinois wills, revocable living trusts, and powers of attorney — or explore our services and flat-fee pricing.

Mary Liberty — Chicago Estate Planning Attorney

Mary Liberty is a Chicago-based estate planning and probate attorney dedicated to making legal planning accessible, affordable, and stress-free. Through her modern virtual law practice, she helps families and individuals across Illinois create clear, effective plans that protect their assets and their loved ones.

Mary focuses on estate planning, uncontested probate, and her signature partial probate service. Known for her precision, empathy, and plain-language guidance, she operates on a 100% flat-fee model so clients always know exactly what to expect.