Tag Archives: Divorce

How Does Divorce Affect A Will?

I was divorced recently, but how do I ensure that my ex-spouse does not receive anything under my Will?

Divorce automatically revokes gifts to a former spouse and removes that person as an Executor if he or she was so appointed, unless the Will provided otherwise. However, if the scheme of distribution in your Will contemplates gifts to your ex-spouse, the chances are that other changes will be appropriate as a consequence and you should therefore not rely on the revocation rule. Furthermore, unless xanax you make a new Will, your Executor will be obliged to notify your ex-spouse that an application for probate has been submitted to the court, and your former spouse may participate in the proceedings if he or she wishes. They may argue that your Will indicates an intention that they should receive bequests under the Will notwithstanding the divorce.