When you create a will or trust, you make some of the most important decisions about your legacy — including naming your beneficiaries. But what happens if your circumstances or wishes change over time? Can you legally add or remove a beneficiary?
The answer is yes — but only under certain conditions. Here’s what you need to know.
Understanding Your Rights to Update Beneficiaries
Whether you have a revocable living trust or a last will and testament, you have the right to choose who inherits your assets.
If you decide later to change these choices — by either adding a new beneficiary or removing an existing one you can do so, as long as you meet one essential requirement: mental capacity.
What Is Mental Capacity?
In North Carolina, mental capacity generally means you:
- Understand the nature and extent of your property,
- Know who your natural heirs are (such as family members), and
- Understand the impact of your decisions.
If you meet these standards, you retain full authority to change your will or trust.
How to Properly Update Your Will or Trust
While you can change your beneficiaries, it’s important to do it the right way to ensure your updates are legally valid.
Here’s what’s typically required:
- For a Will
You will need to either create a codicil (an amendment) or draft a completely new will. This must be signed in front of witnesses and a notary, following North Carolina’s formalities. - For a Trust
You can create an amendment to your existing trust or restate the trust entirely. Like wills, trust updates often require notarization and must comply with state law.
Important Tip
Simply writing your changes on the original document is not valid and could lead to confusion, disputes, or even court battles later.
When You Cannot Change a Beneficiary
If you lose mental capacity for instance, due to dementia, a traumatic brain injury, or other cognitive decline you will no longer have the legal ability to amend your documents.
At that point:
- The existing will or trust remains in effect as written.
- Family members cannot simply “correct” or “update” your documents on your behalf without going through a complicated and costly guardianship or court process.
This is why updating your estate plan early is crucial not only for clarity but also for protecting your wishes.
✅ Example 1:
John created a will in 2015 naming his two children as beneficiaries. In 2024, after welcoming a new grandchild, he decides to include her in his estate plan. Since John is mentally capable, he works with his estate planning attorney to update his will properly.
❌ Example 2:
Mary had a trust naming her son as the sole beneficiary. After developing severe Alzheimer’s, she wanted to add her daughter as a beneficiary too. Unfortunately, Mary no longer had the legal capacity to make this change, and the trust could not be altered.
Plan Today — Protect Tomorrow
Your life changes, and so might your wishes. Whether you’ve welcomed a new family member, experienced a divorce, or simply changed your mind, updating your estate plan is your right but only if you act while you have the legal ability to do so.
At Sabrina Winters, Attorney at Law, PLLC, we help families across North Carolina create and maintain estate plans that reflect their true wishes.
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Don’t wait. Plan today—because tomorrow isn’t promised for any of us.