When should I create my will?

Most people create their first will about 20 years later than they should. That’s not an exaggeration—it’s based on when life events that necessitate wills typically happen versus when people actually get around to drafting them. The best time to create a will was yesterday. The second best time is today.

Right now works too.

The Moment You Have Dependents

Got kids? You need a will immediately. Period. Not eventually, not when they’re older, not when you accumulate more assets. Now.

Minor children need guardian designations in case something happens to both parents. Without a will specifying who should raise your kids, the court makes that decision for you—and courts don’t know that your sister would be perfect or that your parents are too old or that Uncle Mike has a drinking problem.

Even if you’re young, healthy and broke, this alone justifies creating a will. Your kids’ future living situation is too important to leave to chance or assume everyone will just figure it out. They won’t, and the resulting custody battles create trauma that lasts lifetimes.

When You Acquire Significant Assets

Bought a house? You need a will. Started a business? Will time. Inherited money or property? Stop reading this and schedule an appointment with an estate attorney.

Once you own assets worth protecting and distributing, you need documents specifying your wishes. Otherwise your estate goes through intestate probate where state formulas—not your preferences—determine who gets what.

Significant is relative here. If losing those assets would impact people you care about, they’re significant enough to plan for. That might mean $50,000 or $500,000 depending on your situation and obligations.

Life Milestones That Scream “Get a Will”

Certain events practically beg for immediate estate planning:

Getting married changes your legal landscape entirely. Suddenly you’ve got a spouse with automatic inheritance rights, but maybe you’ve also got kids from a previous relationship who need protection. Your new spouse might be amazing, but—and I hate to be cynical here—second marriages have higher divorce rates, and blended family dynamics get messy without clear documentation.

Divorce demands will updates too. Your ex-spouse might still be named in your old will as executor or beneficiary. Some states automatically revoke ex-spouses from wills after divorce, but not all of them, and relying on automatic revocations is playing with fire.

Starting a business creates assets and liabilities that need careful planning. Who inherits your ownership interest? How should business assets be valued and distributed? Can your heirs even legally own your business interest, or do operating agreements restrict transfers?

(Tangentially, I once worked on an estate where a business partner ended up owning 50% of the deceased’s company alongside the widow because there was no succession planning. The resulting conflict destroyed the business within 18 months. Completely avoidable tragedy.)

When Your Situation Gets Complicated

Blended families require wills yesterday. Multiple sets of kids, ex-spouses, current spouses—these situations create competing interests and potential conflicts that intestacy laws handle terribly. You need explicit documentation protecting everyone’s interests according to your actual wishes.

Same-sex couples and unmarried partners need wills even more urgently than married couples because legal protections are weaker. Some states still create obstacles for non-traditional relationships, and intestacy laws definitely don’t recognize unmarried partners regardless of relationship length or commitment level.

Estrangements also trigger immediate will needs. If you’re estranged from family members who would otherwise inherit under intestacy laws, you must explicitly disinherit them. Silence isn’t enough—that actually creates ambiguity problems that lead to will contests.

The Youth Excuse Doesn’t Hold Water

“I’m only 30, I’ll do it later” is the most common—and dangerous—procrastination justification. Newsflash: car accidents, sudden illnesses and random tragedies don’t check your age before happening.

Young adults with student loans, modest savings and basic possessions still benefit enormously from wills. Someone needs authority to handle your affairs, close accounts, distribute belongings and manage final arrangements. Without a will, your family navigates all this during grief without any guidance from you.

Plus, wills aren’t just about death. They often include healthcare directives and financial powers of attorney that matter if you’re incapacitated but alive. A severe injury could leave you unable to make decisions for months or years—your family needs documentation now, not later.

Honestly, if you’re over 18 and don’t have a will, you’re gambling with your family’s wellbeing.

When Laws or Circumstances Change

Even if you created a will years ago, major life changes or legal developments trigger update needs:

  • Moving to a different state (estate laws vary significantly)
  • Substantial changes in asset values
  • Birth or adoption of children
  • Deaths of named beneficiaries or executors
  • Marriage or divorce
  • Changes in tax laws affecting estate planning

Review your will every 3-5 years minimum, and immediately after major life events. An outdated will can be worse than no will if it reflects circumstances or relationships that no longer exist.

The Actual Timeline That Makes Sense

Here’s the honest answer: you should create your first will as soon as you turn 18, own anything of value, or have people depending on you—whichever comes first.

Update it whenever significant life changes occur. Review it regularly even without major changes.

Most people won’t follow this timeline because it feels too aggressive or assumes catastrophe planning. Fair enough. But waiting until you’re “older” or “wealthier” means risking years or decades where your family has zero protection if something happens.

Why “Later” Never Comes

Estate planning falls into the category of important-but-not-urgent tasks that people perpetually postpone. There’s always something more immediate demanding attention, and confronting mortality feels uncomfortable.

But here’s the thing: creating a will takes a few hours and costs a few hundred to a few thousand dollars depending on complexity. Not doing it risks leaving your family with months of legal complications, thousands in unnecessary costs and decisions made by courts instead of you.

The math favors acting now, not later.

Stop Waiting, Start Planning

You don’t need to be wealthy, elderly or sick to need a will. You just need to be a responsible adult who cares about the people and things they’ll leave behind.

Schedule a consultation this week. Draft a basic will. Get it witnessed and signed. Done.

Your future self—and your family—will thank you for not waiting until it’s too late.