When Should You Update Your Estate Plan?

An estate plan reflects your life and the law at the moment you sign it. As your family, finances, and Louisiana law change, an older plan can stop doing what you intended.

Regular reviews help make sure the right people inherit and the right people make decisions for you. A Louisiana estate planning attorney can spot gaps that are easy to miss on your own.

At Richard J. Tomeny Jr. Attorney at Law, we help Louisiana families review and update their plans so they stay current.

Life Events That Call for an Update

Some changes make an update urgent. Review your plan promptly if any of these happen:

• Marriage or remarriage: You may want to provide for a new spouse while protecting children from a prior relationship. Our page on planning for blended families explains the options.
• Divorce or separation: Your testament, beneficiary designations, and powers of attorney may still name your former spouse.
• Birth or adoption of a child: You may need to name a tutor, the Louisiana term for a guardian of a minor, as our guardianship guide explains.
• Death of an heir, executor, or agent: Anyone named in your plan who has passed away needs to be replaced.
• A new diagnosis or declining health: Updated healthcare directives and a durable mandate become especially important.
• Major financial changes: An inheritance, a new business, or the sale of property can change how your plan should be structured.

Any of these events can also affect who should serve as your executor or agent.

Louisiana Rules That Make Updates Important

Divorce Revokes Some Provisions, But Not Everything

Under Civil Code article 1608, a legacy to a spouse is revoked if you divorce after signing your testament and remain divorced at death, unless you provide otherwise. Provisions naming that spouse to a role, such as executor, are revoked under the same conditions.

This rule applies to your testament. Life insurance, retirement accounts, and payable-on-death accounts follow their own beneficiary designations, which you should review and change directly.

Children Age Out of Forced Heirship

Under Civil Code article 1493, children are forced heirs only until they turn 24, unless they are permanently incapable of caring for themselves. As your children grow older, you may gain more freedom to divide your estate as you choose.

A testament written when your children were young may no longer reflect your options or wishes.

Moving to or From Louisiana

Louisiana’s civil law system differs from every other state. Documents signed elsewhere may be valid here, but they often do not account for forced heirship, community property, or Louisiana terms such as usufruct and mandate.

Recent Law Changes Worth Reviewing

• Notarial testament rules: Act 30 of 2025, effective August 1, 2025, revised the formal requirements for notarial testaments, including how the testator signs and when a testament is self-proving.
• Small successions: Since August 1, 2026, the small succession limit for Louisiana residents is $200,000, which may simplify transfers for modest estates.
• Federal estate tax: According to the IRS, the basic exclusion amount is $15 million per person in 2026, and the annual gift exclusion is $19,000.

Plans drafted years ago around lower exemptions may include tax provisions that no longer serve your family. Our guide to estate taxes explains the current rules.

How to Update Your Plan the Right Way

Changes to a testament must follow the same formal requirements as the original. Writing new gifts in the margin or crossing out names can create confusion and may not be valid.

For small changes, a codicil that amends one provision may be enough. For larger changes, a new testament that expressly revokes earlier ones is usually clearer.

If you have a trust, it can be amended only as its terms and the Louisiana Trust Code allow. A Louisiana trust lawyer can confirm what changes are possible.

How Often to Review

Many families review their plans every three to five years, even without a major life event. A quick review can confirm that names, assets, and agents are still correct.

Keep your original documents in a safe place and make sure your executor knows where to find them.

Schedule Your Estate Plan Review

If an aging parent’s plan also needs attention, a Louisiana elder care lawyer can help coordinate long-term care and Medicaid planning. Contact Richard J. Tomeny Jr. Attorney at Law to schedule a consultation at our Baton Rouge or Metairie office.

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