Paul Walker's will teaches us the importance of updating.

Paul Walker's mother, Cheryl Ann Walker, filed paperwork on March 20th to become the legal guardian of Paul's daughter, Meadow Walker, and to oversee the estate he left the 15-year-old, valued at $25 million. But, Paul Walker's ex-girlfriend is set to dispute the guardianship.

WHY?? Paul Walker had a Will, right? That declared his mother the guardian, right? So why is the ex-girlfriend able to dispute that will? ----- Two words: Changed circumstances.

Paul Walker's will was executed over 14 years ago. Even though his will is still valid, there is a possibility for revocation by law.

Revocation by law typically occurs when any of 3 things happen: 

             1. Marriage
             2. Divorce
             3. New Children

When any one of these things happen, the court is allowed to consider the Will revoked in part or in full. The rationale behind this is based upon the general testator's intent. Meaning, most people want their will to include their spouses or new children, and most people don't want their ex-wives included in their will. 

In this case, Paul Walker's will does not fall under any of these typically followed situations, but it lands fairly close to marriage. 

In a world where marriage is becoming less common and domestic partners are becoming more common (with many states treating gay and lesbian couples in civil unions as married for these purposes), the court could entertain the argument of why this situation is a "changed circumstance" that justifies a revocation by law. 

Also, timing is an issue here. The court cannot overlook the fact that the will was created over 14 years ago. That's about the same time he gave the world She's All That, and Varsity Blues. A lot has changed over 14 years in all our lives, and especially in Paul Walker's. One of those significant changes is his relationship with his daughter and with his now ex-girlfriend. 

Ultimately, Paul Walker's ex-girlfriend is unlikely to win guardianship over his daughter for two reasons:

   1. The only window into Paul Walker's intent for his daughter is his Will that he created 14 years ago. Even if it is outdated, the court will be reluctant to throw out their only window.

   2. Even if the court revoked the Will, Paul Walker's mother would still likely receive guardianship. Revocation would force Paul Walker into intestacy. Being intestate, the guardianship of his daughter would follow statutory appointments, and guess who would receive the guardianship under the statutory appointments? --- That's right. The parents. 

So, rest assured Mrs. Walker, your granddaughter will be under your protection, and thank you for teaching us all to update our Wills. 

If any of those three things (marriage, divorce, or newborn child) has happened to you, update that Will.