How to Update Your Will in San Diego After Marriage, Divorce, Birth, or a Home Purchase
Most people don’t ignore their will on purpose. Life just keeps moving.
That’s usually when problems start. Not because someone did nothing, but because no one paused to update what already existed.
In San Diego, where property values are high and family structures vary widely, even small changes can quietly shift how a will works under California law.
Life Changes That Should Trigger a Will Review in California
Certain moments almost always affect how a will functions. Not reviewing it doesn’t cancel the document, it just leaves gaps.
The most common ones we see:
- Marriage or remarriage
- Divorce or separation
- Birth or adoption of a child
- Buying a home or investment property
- Major changes in finances or family relationships
For homeowners in areas like Mission Valley, Poway, or Chula Vista, real estate alone can change the entire estate planning picture.
List of Services
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After Marriage: When Old Wills Don’t Match New RealitiesList Item 1
We often meet couples who married years ago and never looked at their wills again. One spouse assumes everything automatically goes to the other. California law doesn’t always work that cleanly.
Marriage creates new rights, but it doesn’t rewrite old documents. That can lead to:
- Partial court involvement
- Confusion about separate vs. community property
- Instructions that don’t reflect shared goals
Updating a will after marriage allows couples to be intentional, especially when there’s property involved or plans to start a family.
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After Divorce: The Update People Delay the MostList Item 2
This is one of the most sensitive (and most important) updates.
Even after divorce, we often see wills that still name a former spouse as executor, backup guardian, or beneficiary. California law removes some rights, but not all instructions disappear automatically.
This can mean:
- An ex still has legal authority
- Conflicting documents
- Court involvement to untangle intentions
Updating a will after divorce isn’t about reopening old chapters. It’s about making sure the people involved now are the ones legally empowered to act.
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After the Birth or Adoption of a ChildList Item 3
This is where the emotional weight really shows up.
Parents often assume that if something happened, “family would step in.” Without updated documents, California courts decide guardianship, not parents.
A will update allows parents to:
- Name guardians clearly
- Address care preferences
- Coordinate with trusts designed to hold assets for children
Families in Scripps Ranch, Rancho Bernardo, and Del Mar often ask these questions early, especially once school, healthcare, and long-term planning enter the picture.
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After Buying a Home in San DiegoList Item 4
Buying property changes everything.
A home in University City, Point Loma, or Oceanside can easily push an estate into probate if planning isn’t coordinated properly. A will alone doesn’t prevent that.
After a home purchase, it’s important to:
- Review how the property is titled
- Align the will with trusts, if any
- Confirm beneficiaries match ownership
This is one of the most common moments when families realize their estate plan hasn’t kept up with their assets.
How Will Updates Actually Work in California
Updating a will isn’t as simple as adding a note or crossing something out.
California requires formal steps, which may include:
- Creating a new will
- Adding a legally valid codicil
- Coordinating updates with trusts, deeds, and beneficiary forms
The right approach depends on how much has changed and how the rest of the estate plan is structured.
Where People Run Into Trouble
Most issues come from partial updates.
Common situations include:
- Updating a will but forgetting beneficiary forms
- Naming guardians without financial planning in place
- Buying property but leaving ownership disconnected from the plan
- Making changes once, then never revisiting them
None of this is unusual. It’s what happens when life changes faster than paperwork.
How a Will Fits Into the Bigger Picture
In California, a will usually works alongside:
- A living trust
- Powers of attorney
- Health care directives
- Trust funding and asset alignment
When these pieces work together, families avoid confusion and court involvement. When they don’t, even a valid will can fall short.
Questions San Diego Families Ask All the Time
Do I need a new will every time something changes?
Not always, but major life events should trigger a review.
Does marriage or divorce automatically update my will?
Some rights change under California law, but many instructions remain untouched unless updated directly.
Is a will enough if I own property in San Diego?
Often, no. Real estate frequently requires additional planning to avoid probate.
When Documents Lag Behind Real Life
Most estate planning problems don’t start with bad decisions. They start with outdated ones.
A will written years ago may still be valid, but validity isn’t the same as effectiveness. Keeping documents aligned with real life reduces stress, protects loved ones, and avoids decisions being made by default rules instead of personal choice.
A short review after a major life change often prevents much bigger issues later.
This article is a service of Brittany Cohen, Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Comprehensive Estate Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Comprehensive Estate Planning Session and mention this article to find out how to get this $750 session at no charge.
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