Ambulatory Wills: Meaning, Changes, and Revocation in the US

Introduction

An ambulatory will is a will you can change or revoke any time during your lifetime. In the US, virtually all wills are ambulatory by default. A will has no legal effect until death, so you can update it as life changes—marriage, divorce, children, new property, or new goals. Those updates must follow state law formalities to be valid.

This guide explains what “ambulatory” means in practical terms, how to make changes correctly, what can (and cannot) be changed by will alone, and the common events that alter a will by law. You’ll also see examples and case studies that show how courts handle updates and later versions.

Note: Estate law is state-specific. The Uniform Probate Code (UPC) offers model rules that many states use in whole or in part, but always check your state’s requirements.

What You'll Learn

• What the term “ambulatory will” means in US law
• How to change a will: new will vs. codicil, and when each makes sense
• Valid ways to revoke a will, including physical act and later instrument
• Events that affect a will automatically (divorce, after-born or adopted children)
• Limits on changeability (contracts to make a will, joint/mutual wills)
• How nonprobate transfers and beneficiary designations interact with your will
• Practical steps to review, update, and store your documents

Core Concepts

What “Ambulatory” Means

• A will “speaks” at death. Until then, it can be changed or revoked by the person who made it (the testator).
• Because of this, almost every will in the US is considered ambulatory.
• A codicil (a written amendment to a will) is also ambulatory and can itself be changed or revoked before death.
• When there are multiple documents, the most recent valid will or codicil controls. A later will usually includes a clause revoking all prior wills and codicils.

Key point: Ambulatory does not mean informal. Changes must meet your state’s signing and witnessing rules to be valid.

How to Change or Revoke a Will

Ways to change a will

• Execute a new will that replaces the old one. This is the cleanest approach when making several changes.
• Execute a codicil for a narrow change (for example, swapping out an executor or updating a gift to a single beneficiary).

Ways to revoke a will

• Execute a later will that is inconsistent with the prior will or that expressly revokes it (UPC §2-507).
• Perform a physical act with intent to revoke (such as tearing, burning, or obliterating the original). States differ on what counts and on partial revocation by physical act.
• Revocation by law can occur after certain events (commonly divorce). Many states treat a former spouse as having predeceased the testator unless the will says otherwise (UPC §2-804).

Other technical rules to know

• Republication by codicil: A valid codicil can “republish” a will as of the codicil’s date.
• Revival of a prior will: Some states allow a revoked will to spring back if a later revoking will is itself revoked, but the details vary widely.
• Dependent relative revocation (DRR): A court doctrine that may disregard a revocation if it was made based on a mistaken assumption and would defeat the testator’s intent. Application is fact-specific.

Formalities

• Most states require a written document, signed by the testator, witnessed by two competent witnesses who observe the signing or the testator’s acknowledgment.
• Some states accept holographic (handwritten) wills without witnesses.
• A growing number of states authorize electronic wills; rules on remote witnessing and notarization differ by state.

What a Will Cannot Change

• Nonprobate transfers: Beneficiary designations on life insurance, retirement accounts, payable-on-death (POD) bank accounts, and transfer-on-death (TOD) registrations generally override will provisions. To change who receives those assets, update the beneficiary forms directly with the institution.
• Property held with survivorship rights: Joint tenancy with right of survivorship and community property with right of survivorship pass outside the will to the survivor.
• Trust property: Assets already titled in a living trust follow the trust terms, not your will (though a pour-over will can send probate assets to the trust at death).
• Contracts to make (or not revoke) a will: Some states enforce written contracts related to wills. A will remains ambulatory, but breaking a valid contract can create liability.

Life Events That Affect a Will

• Marriage: Older rules sometimes revoked a pre-marriage will, but modern statutes more often protect a later spouse with an “omitted spouse” share unless the will shows intentional omission or there is a valid agreement (UPC §2-301).
• Divorce: Many states revoke gifts and fiduciary roles in favor of a former spouse (and often the former spouse’s relatives) by operation of law (UPC §2-804).
• After-born or adopted children: “Pretermitted child” statutes can grant a share to a child who was not provided for because the will predated the child (UPC §2-302).
• Death or disability of a beneficiary: Consider alternatives like contingent beneficiaries or trusts (for example, a supplemental needs trust).
• Moving to a new state: Witnessing, elective share, community property, and personal representative rules vary. Review your plan after a move.

Key Examples or Case Studies

Example 1: Update after marriage

• A testator signs a will leaving everything to a sibling.
• Later, the testator marries and wants the spouse to inherit most of the estate.
• Because the will is ambulatory, the testator executes a new will naming the spouse. The new will revokes the earlier document.

Example 2: Changing charitable beneficiaries

• A testator initially leaves 10% to Charity A.
• Years later, the testator prefers Charity B’s mission and signs a codicil replacing Charity A with Charity B.
• The codicil meets state formalities, so the change is valid.

In re Estate of Smith (illustrative)

• Over many years, the testator signed several codicils to reflect changing family ties and finances.
• At death, there were conflicting provisions among earlier and later documents.
• The court honored the most recent valid instrument and any compatible earlier terms, showing how later, properly executed updates control.

Doe v. Roe (illustrative)

• A testator left the entire estate to a close friend.
• After the birth of a child, the testator signed a new will naming the child as a primary beneficiary.
• The court enforced the later will. This shows how ambulatory wills allow meaningful life changes—like the arrival of a child—to be reflected in the estate plan.

What these examples show

• Your latest valid will or codicil sets the final plan.
• Life events should trigger a review.
• Changes that skip formalities risk being ignored, even if they match your intentions.

Practical Applications

When to review your will

• Marriage, divorce, or separation
• Birth or adoption of a child or grandchild
• Death, incapacity, or estrangement of a beneficiary, executor, or guardian
• Major asset changes (sale of a business, inheritance, real estate transactions)
• A significant move to another state
• Tax law updates that affect your goals
• Every 2–3 years as a general tune-up

How to make changes safely

• Prefer a new will for multiple or complex updates; use a codicil for a narrow change.
• Follow state formalities each time (signing, witnesses, notarization if required).
• Avoid handwritten cross-outs on the original. Many states do not accept partial revocation by scratching out text, and it can cause disputes.
• If you revoke by physical act, destroy the original and any executed duplicates. Clearly label and void copies. Keep evidence of your intent to revoke.
• Tell your personal representative where the latest original is stored.

Coordinate beyond the will

• Update beneficiary designations for life insurance, retirement accounts, POD/TOD registrations, and any transfer-on-death deed. Your will cannot override most of these.
• Review account titling (individual, joint tenancy, community property).
• Align your will with any living trust. A pour-over will can move leftover probate assets into the trust at death.
• Consider tax and creditor protection goals. Trust planning may help in certain cases.

Reduce the chance of a contest

• Work with a qualified attorney, especially if you have blended family issues, complex assets, or a history of disputes.
• Use clear language and a standard revocation clause.
• Consider a no-contest clause where allowed. It does not stop you from changing your will, but it may discourage weak challenges.

Storage and access

• Store the signed original in a secure but accessible place (fireproof safe, with your attorney, or as your local court allows).
• Keep a signed, dated list of later documents (codicils, new wills).
• Share the location with your personal representative and key family members.

Summary Checklist

• A will is ambulatory: it takes effect at death and can be changed or revoked during life.
• Use a new will for broad changes; use a codicil for a narrow update.
• Follow your state’s execution rules every time you change your plan.
• Later valid documents control; include a clear revocation clause.
• Divorce often revokes gifts and roles for a former spouse by law.
• Pretermitted spouse/child statutes can add shares for later family members.
• A will cannot change beneficiary designations or survivorship property—update those directly.
• Destroy prior originals if revoking by physical act; avoid handwritten edits.
• Review after major life events or every 2–3 years.
• Tell your executor where the current original is stored.

Quick Reference

Related terms to review

• Devise
• Degree of kinship
• Curtesy
• Tenancy (estate) for years / Estate for years

This material is general information, not legal advice. Consult a licensed attorney in your state for specific questions.