Don’t Let a Dusty Trust Derail Your Legacy
- Keoni
- Mar 27
- 4 min read
Creating an estate plan that includes a trust is a major accomplishment — congratulations! It means you’re taking thoughtful steps to protect your loved ones, avoid court and conflict, and ensure your wishes are clearly laid out. But here’s the thing many people don’t realize: your estate plan isn’t a “set it and forget it” document. Like anything important, it needs regular check-ins to make sure it continues to work exactly the way you intend.
Think of it like this: Would you still wear an outfit you bought ten years ago without checking if it still fits? Probably not. Your estate plan — especially your trust — needs the same kind of attention. It should be reviewed regularly to make sure it still fits your life, your assets, current laws, and your overall wishes.
Life Changes — and Your Trust Should Too
Your life doesn’t stay the same, and your trust shouldn’t either. Since you created your trust, there’s a good chance things have shifted — maybe you got married or divorced, welcomed a child or grandchild, or lost a loved one. Any of these events could impact how your trust should be structured and who it benefits.
Your financial life changes too. Maybe you've purchased new property, started a business, or received an inheritance. If those assets aren't properly included in your trust, they could end up going through probate — the very thing your trust was designed to avoid.
Even changes in relationships matter. Someone you trusted to serve as your successor trustee a few years ago might not be the right fit today. If your trust isn’t reviewed regularly, it might not reflect your current wishes — and that can lead to confusion, conflict, or unintended outcomes.
The Law Changes Too
Even if your life hasn't changed much, the legal landscape often does. Tax laws and state laws governing trusts are regularly updated. Without a review, your trust may no longer be taking advantage of new opportunities — or worse, it might contain outdated provisions that don’t serve you or your family well.
Take the 2017 Tax Cuts and Jobs Act, for example — it doubled the federal estate tax exemption, significantly changing planning considerations for many families. If your trust predates that change, you could be missing out on important benefits or protections.
By reviewing your trust regularly, you can keep it aligned with current laws and make sure it continues to serve its intended purpose.
How Often Should You Review Your Trust?
A general rule of thumb is to review your trust every three years, even if everything seems fine. These regular check-ins help you catch changes you might not have thought about.
That said, certain events should prompt an immediate review:
Marriage, divorce, or the death of a spouse
Birth or adoption of a child or grandchild
Death of a trustee, guardian, or beneficiary
Significant changes in your assets or financial situation
Moving to another state
Major changes in tax or estate planning laws
The Risks of an Outdated Trust
Failing to update your trust can lead to serious problems. One of the most common issues is unfunded assets — property or accounts that weren’t properly titled in the name of the trust. Without that step, those assets may go through probate anyway.
Other risks include:
Outdated beneficiaries, which can result in unintended inheritances
Family disputes over vague or outdated provisions
Tax issues that could have been avoided with proper planning
Even if your trust doesn’t need changes, a regular review helps you stay familiar with the plan and gives you confidence that everything is still in order.
Make Sure Your Plan Works When It’s Needed Most
Your trust is more than just a document — it’s a promise to your loved ones that you’ve taken steps to protect them. Reviewing your plan regularly shows the same care and responsibility that led you to create it in the first place.
I’m here to help make that process easy and straightforward. Whether it’s time for a routine check-in or you’ve experienced a major life change, I can help ensure your plan continues to reflect your wishes — and functions exactly the way you intended.
This article is a service of the Law Office of Keoni Souza, an estate planning law firm in Honolulu, Hawai`i. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That is why we offer a Family Wealth Planning Session, during which you will get more financially organized than you have ever been before and make all the best choices for the people you love. You can begin by contacting our office today to schedule a planning session and mention this article to find out how to get this $750 session at no charge.
Disclaimer: All information on this website is for informational purposes only and is not legal advice. You should contact an attorney trained to work with families on estate planning matters regarding your specific situation. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between the Law Office of Keoni Souza, LLC, and any users or any other party.
