How Long Is a Will Valid After Death?

A will typically remains valid indefinitely after death and does not have an expiration date. This means that a will could be created over 40 years ago and still be valid. However, wills can become outdated if they are not consistently updated to reflect preferences or changes based on major events in the willmaker’s life or other influencing factors. It is important to note that although a will cannot be invalidated by time, it can be invalidated in specific scenarios. These scenarios can include:

• If the will is marked up with handwritten notes or interlineations
• If someone’s spouse attempts to write them out of the will
• If a divorce occurs 
• If a prenuptial agreement exists and conflicts with the will 
• If witnesses weren’t present when the will was signed 
• If the original will cannot be found and only copies are available 

In any of these scenarios, the probate court can decide that the will is invalid and no further action will be taken to act on the will. If the original will cannot be found, it is generally assumed that it was destroyed by the willmaker or a relative unless otherwise proven, which is viewed as revoking the will and ultimately invalidating it. Overall, while there is no specific expiration date for a will that can invalidate it over time, it is important to ensure that this document is kept updated and reviewed with an attorney to avoid other factors that may result in invalidation.

Sources

“How Long Does a Will Last?” Stone Arch Law Office. https://stonearchlaw.com/how-long-does-my-will-last/ 

“Do Wills Expire? 6 Things to Know”. Trustworthy. https://www.trustworthy.com/blog/do-wills-expire