How often should I review and update my estate plan, and what life events should prompt changes? – North Carolina

Short Answer

In North Carolina, most estate planning attorneys recommend reviewing an estate plan at least every three to five years, and sooner if there is a major life change. Key triggers include marriage or divorce, birth or adoption of a child, death or incapacity of a beneficiary or fiduciary, significant changes in assets or debts, a move to or from North Carolina, and changes in health or long-term care needs. Core documents—wills, trusts, powers of attorney, and health care directives—should be updated so they match current wishes, family circumstances, and North Carolina law.

Understanding the Problem

The question is how often a North Carolina resident should review an existing estate plan, and which specific life events should lead to changes in that plan. This includes coordinated planning for a will, any revocable trust, financial and health care powers of attorney, and advance directives such as a living will. The focus is on timing: how frequently should documents be revisited, and what events—such as marriage, a new child, a move, or a serious health diagnosis—should prompt revisions so the plan continues to work as intended under North Carolina estate planning law.

Apply the Law

Under North Carolina law, an estate plan is a set of legal documents that control what happens to property at death and who can act during incapacity. While the statutes do not impose a fixed review schedule, they do control how and when wills, powers of attorney, and advance directives can be changed or revoked. Because family status, assets, and health can change, regular reviews help keep these documents valid and aligned with current goals.

Key Requirements

Have valid core documents: A North Carolina estate plan typically includes a properly executed will, and often a revocable trust, plus financial and health care powers of attorney and, in many cases, an advance directive (living will).
Update after major life events: When there is a significant change in family status, finances, residence, or health, existing documents should be revised or replaced to reflect the new situation and avoid unintended results.
Use proper legal methods to change or revoke documents: North Carolina law sets specific rules for revoking or re-executing wills and for revoking or replacing powers of attorney and advance directives; updates must follow these rules to be effective.

What the Statutes Say

N.C. Gen. Stat. § 31-5.8 (Revival of revoked will) – A revoked will cannot come back into effect unless it is re-executed or incorporated into a new will.
N.C. Gen. Stat. § 32A-20 (Health care power of attorney; effectiveness and revocation) – Explains when a health care power of attorney becomes effective and how it can be revoked or replaced, including automatic changes when spouses divorce or separate.
N.C. Gen. Stat. § 32A-24 (Reliance on health care power of attorney) – Protects health care providers who rely in good faith on a health care power of attorney unless they have actual notice of revocation.
N.C. Gen. Stat. § 32A-25.1 (Statutory health care power of attorney form) – Provides an approved form and shows the broad powers that can be granted to a health care agent, which may need updating as wishes change.
N.C. Gen. Stat. § 90-321 (Right to a natural death; living will) – Authorizes a written declaration (living will), explains how to execute and revoke it, and allows it to be combined with a health care power of attorney.

Analysis

Apply the Rule to the Facts: In the facts given, one person is trying to reach an estate planning attorney on behalf of someone who wants to create or update an estate plan. If that person has not updated documents in several years, or if there have been changes in family, assets, or health since the last plan, a review is timely. If there is no current North Carolina will, trust, or set of powers of attorney, the first step will be to put a complete plan in place and then schedule periodic reviews and updates whenever major life events occur.

Process & Timing

Who files: The individual planning their estate. Where: With a North Carolina estate planning attorney; a will can later be deposited for safekeeping with the clerk of superior court in the person’s county if desired. What: A review of the existing will, any trusts, beneficiary designations, and powers of attorney; preparation of updated documents if changes are needed. When: As a general rule, every three to five years, and promptly after major life events.
After an initial review meeting, draft updated documents (revised will or trust, new or updated powers of attorney, and any revised living will). This drafting and revision process often takes a few weeks, depending on complexity and how quickly decisions are made.
Schedule a signing meeting to properly execute the new or updated documents with required formalities (witnesses and notary where needed). After signing, provide copies to key decision-makers and consider filing advance directives with the North Carolina Advance Health Care Directive Registry maintained by the Secretary of State.

Exceptions & Pitfalls

Assuming old documents automatically adjust to new circumstances; in North Carolina, a revoked will does not revive itself, and new circumstances like divorce or a move may require new documents.
Forgetting to update beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts when the will or trust changes, which can cause conflicts between documents.
Not revisiting health care directives and powers of attorney as medical wishes, relationships, or trusted decision-makers change; these can be revoked or replaced but remain in effect until properly changed and communicated under North Carolina statutes.

Conclusion

Under North Carolina law, there is no fixed legal schedule for estate plan reviews, but a practical rule is to review documents every three to five years and whenever there is a major change in family, finances, residence, or health. Because wills, trusts, and advance directives do not automatically adjust to new circumstances, they must be updated or re-executed using the methods the statutes recognize. A clear next step is to schedule a review with a North Carolina estate planning attorney to examine current documents and recent life changes.

Talk to a Estate Planning Attorney

If someone is dealing with questions about when and how to update a North Carolina estate plan, our firm has experienced attorneys who can help explain options and timing. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.