QUESTION
Is my last will and testament still valid if I get a divorce and why?
Asked on May 15th, 2015 on Divorce - California
More details to this question:
Will my last will and testament remain valid if I get a divorce? Or rather, will I have to draft a new will and testament with an attorney?
26 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If you are recently divorced, I would recommend executing a new will so there is a clear indication of who inherits and represents your estate.
Answered on May 19th, 2015 at 1:46 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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Your Will stays the same unless and until you change it execute what is called a codicil (which is like an amendment to the original one). I assume you are asking because you had included your wife, soon to be ex, in there and no longer want her in there. So yes, you should consult with an estate planning attorney right away to go over your current version and how to change it.
Answered on May 18th, 2015 at 5:37 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally if your will names your spouse as a beneficiary.. then you will need to redo it to eliminate him or her from the beneficiary list if you want to change that provision If it specifically disclaims her as a beneficiary then possibly not.
Answered on May 18th, 2015 at 4:57 AM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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It would remain valid as you didn?t revoke it. However, there is a good chance that you would be leaving your ex-spouse your estate depending on how the document was written. Therefore, it would be advisable to at least review if not have a new will created and executed.
Answered on May 18th, 2015 at 4:26 AM
The specific answer depends on the state you live in. Generally, the document will still be valid but state law will determine if your ex is entitled to any of your assets.
Answered on May 18th, 2015 at 4:17 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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It remains valid in Florida,would be best to have it rewritten
Answered on May 18th, 2015 at 4:13 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Per California Probate Code, 5601, 5602, 5604, the answer is no. Best for you to have new documents drawn up to restate your intentions for after death whether a will or a trust.
Answered on May 18th, 2015 at 4:04 AM
The Will remains valid, but I assume you want the terms and the amounts each beneficiary receives changed so you need at least a codicil to the Will.
Answered on May 18th, 2015 at 4:03 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You need to get a new will if you don't want a portion of your assets to go to the ex.
Answered on May 18th, 2015 at 4:02 AM
2 Awards
Generally no, but you need to speak with an attorney about what stage of the divorce you are in and if anything has been done during or since the divorce.
Answered on May 15th, 2015 at 5:18 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, the law is that if you get divorced, your ex-spouse is presumed to have predeceased you and would not be entitled to any of your estate. Your will is still determined to be valid. Usually spouses name each other as the personal representative. You may wish to update your last will and testament to name new personal representatives.
Answered on May 15th, 2015 at 5:18 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It's best to do a new will. The divorce revokes any provision in your will in favor of your former spouse; it might still work. However, a will cannot be fixed once you pass away, so it needs to be perfect; you should not fool around, but make a new will. Also, remember to check your beneficiary designations on IRAs, other retirement accounts, and life insurance. If your spouse is still named, they might take.
Answered on May 15th, 2015 at 5:17 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The will is still valid. If it contains bequests to your former husband, you may want to change that.
Answered on May 15th, 2015 at 5:17 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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The Will should still be 'valid', but once the dissolution is final then all provisions for the former spouse should be automatically revoked. If you still want the ex to inherit, then a new will is needed. Note that this does not necessary apply to non-probate assets, such as 401(k)'s, where the beneficiary designation would need to be changed. It is highly recommended that a new estate plan be created post-divorce.
Answered on May 15th, 2015 at 5:01 PM
4 Awards
You do need to draft a new will. There is pending legislation that would make a divorce automatically revoke a will naming a former spouse beneficiary but it hasn't been enacted yet. Further, you will want to clarify who you do want to inherit and how much. Best wishes.
Answered on May 15th, 2015 at 4:31 PM
1 Award
It is still valid. You should consult the attorney who drafted it about the modifications you want.
Answered on May 15th, 2015 at 4:26 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Be sure to draft a new will. The divorce is a major change in circumstances, and justifies a complete review of your will. Good Luck.
Answered on May 15th, 2015 at 4:25 PM
A divorce should prompt you to review your will and other estate planning documents with an attorney who specializes in estate planning.
Answered on May 15th, 2015 at 4:24 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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Under Kansas Probate law, if after making a will the testator marries and has a child, by birth or adoption, the will is thereby revoked. If after making a will the testator is divorced, all provisions in such will in favor of the testator's spouse so divorced are thereby revoked.
Answered on May 15th, 2015 at 4:24 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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This answer is specific to Ohio. Some other states have identical laws and some have different laws. In Ohio, if you write a will and later get a divorce, your ex-spouse will be treated as if he/she died before you. So if you're will says "Everything to my wife, but if she dies before me then everything to my children" Your ex-wife will be treated as having already died and everything will go to your kids.
Answered on May 15th, 2015 at 4:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, the provisions which provide benefit to the wife are invalidated by a divorce in Michigan unless they are re-upped, post divorce. I would strongly suggest that you look into a new will and perhaps estate planning post divorce.
Answered on May 15th, 2015 at 4:22 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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A judgment of dissolution of marriage or declaration of invalidity of the marriage of the testator revokes every legacy or interest or power of appointment given to or nomination as representative or trustee of the testator's former spouse in a will executed before the entry of the judgment of dissolution of marriage or declaration of invalidity of marriage and the will takes effect in the same manner as if the former spouse had died before the testator. Even so, you should execute a new to avoid confusion and make clear who you want to receive a legacy in your will. This is particularly important if you have minor children and you want the ex-spouse to be the guardian of the minor children in the event you pass away first.
Answered on May 15th, 2015 at 4:21 PM
Edwin K. Niles
Yes, you should make a new will. It will be the best $300 or $400 you have spent.
Answered on May 15th, 2015 at 4:16 PM
Your last Will and Testament will remain valid until you either amend it (called a codicil), cancel it in writing or replace it with a new one. Yes, you should hire an attorney to do this for you. Good luck.
Answered on May 15th, 2015 at 3:52 PM
It is still valid unless and until you revoke it and draft a new one.
Answered on May 15th, 2015 at 3:51 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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It is invalid but it is best if you get new documents done.
Answered on May 15th, 2015 at 3:51 PM