{"id":13244,"date":"2026-01-25T07:00:27","date_gmt":"2026-01-25T13:00:27","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=13244"},"modified":"2026-01-22T12:02:39","modified_gmt":"2026-01-22T18:02:39","slug":"the-limited-shelf-life-of-your-will-why-regular-estate-planning-reviews-matter","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/estate-planning\/the-limited-shelf-life-of-your-will-why-regular-estate-planning-reviews-matter\/","title":{"rendered":"The Limited Shelf-Life of Your Will: Why Regular Estate Planning Reviews Matter"},"content":{"rendered":"

Here is yet another example of why you should review your will and other <\/span>estate planning document<\/span><\/a>s at least every five years.\u00a0<\/span><\/p>\n

The facts date back 70 years, when a mother and father created a written trust for each of their four sons. Each trust was set to terminate when the particular son turned\u00a0 30 years old.\u00a0<\/span><\/p>\n

Several years later, one of their sons, Bart, married. Shortly after Bart\u2019s wife gave birth to his daughter, Peggy, Bart and his wife divorced. A year later, Bart signed a will that left the \u201crest and residue\u201d of his estate to his brothers\u2019 existing trusts.<\/span><\/p>\n

When Trusts Terminate but Wills Do Not<\/b><\/h2>\n

Time marched on. Each brother eventually turned 30, and, accordingly, that brother\u2019s trust lapsed under its own terms. Yet Bart never changed his will.\u00a0<\/span><\/p>\n

More time passed \u2013 decades, in fact\u2013, and then Bart died. Despite their respective trusts having lapsed, Bart\u2019s brothers claimed they were entitled to Bart\u2019s estate under his will. Everything appeared to be going according to plan, but then something unexpected happened.<\/span><\/p>\n

Bart\u2019s only child, Peggy, showed up and claimed that she should inherit Bart\u2019s <\/span>property<\/span><\/a>.\u00a0<\/span><\/p>\n

Lapsed Trust and the Residuary Clause<\/b><\/h2>\n

Peggy argued that the brothers\u2019 trusts could not be beneficiaries under Bart\u2019s will because those trusts no longer existed. That left the residuary clause without a beneficiary, which meant theentire clause failed.\u00a0<\/span><\/p>\n

Under Texas law, when a will is without an effective <\/span>residuary clause<\/span><\/a>, the remainder of the estate goes to the decedent\u2019s heirs at law.\u00a0<\/span><\/p>\n

The Court agreed with Peggy. BecausePeggy was Bart\u2019s only heir-at-law, she inherited the remainder of his estate.\u00a0<\/span><\/p>\n

A Quirk in Texas Estate Planning Law<\/b><\/h2>\n

This case highlights an interesting quirk in <\/span>Texas law<\/span><\/a>. Bart could have left his estate to a trust that was not in existence at the time he wrote his will, and that would have been effective in transferring his estate to any newly created trusts that benefited his brothers.\u00a0<\/span><\/p>\n

However, Bart had specifically identified the three existing trusts created for his brothers.. Because those specific trusts had expired long before Bart’s death, and because the will made it clear that Bart intended his estate to go only to those specific trusts, the court could not redirect the bequest.\u00a0<\/span><\/p>\n

As a result, the trusts could not serve as beneficiaries of Bart\u2019s estate.<\/span><\/p>\n

The Importance of Updating Your Will and What to Keep in Mind<\/b><\/h2>\n

Could Bart have fixed this problem during his lifetime? Of course. He simply needed to review and update his will, especially after his brothers started turning 30 and their trust terminated.\u00a0<\/span><\/p>\n

Bart\u2019s case offers several important estate planning lessons.\u00a0<\/span><\/p>\n

Obtain Necessary Documents<\/b><\/h3>\n

First, if you plan to leave a bequest to an entity such as a trust that you do not control, you should obtain a copy of that entity\u2019s governing document. Reviewing it with your attorney allows you to understand its terms and draft your will accordingly.<\/span><\/p>\n

Include Contingency Language<\/b><\/h3>\n

Second, your will should include contingency language that addresses what happens if a beneficiary entity no longer exists at the time of death.<\/span><\/p>\n

Review Your Estate Plan<\/b><\/h3>\n

Third, you should meet with your attorney at least every five years to go over your estate planning documents and update them if necessary. You should also review your plan if any of the following occur:\u00a0<\/span><\/p>\n