Dear Attorneys,
I had a Will drafted when I was married. I got divorced a couple years ago, but I assume that my Will is invalid now since it leaves everything to my ex-wife. Am I correct?
Sincerely,
Wishing Will
Dear Wishing,
The short answer is no, you are not correct. A Last Will and Testament is only invalidated by either destroying said Will, or drafting a new one that revokes it. If you do not update your Will and you pass away with that Will still in place, the probate court would be required to follow it. We usually advise our divorce clients to update (or create) a Last Will and Testament as soon as possible after a divorce to avoid this exact situation. In addition, it is a good idea to check the beneficiaries on your accounts, such as life insurance and/or retirement accounts that would pass outside of probate court. In some instances, you are required to keep an ex-spouse as a beneficiary on a life insurance policy, so if that is the case, you cannot change such. However, if that is not a requirement, you may want to consider leaving it to a child or another relative.
If you have questions about drafting or updating an estate plan, contact Wolf & Shore Law Group. We are here to make your estate planning matter easier, not harder. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
