While married for 27 years my exhusband and I executed a Will. We are now divorced does this make the Will automatically void or do we have ...

Question

While married for 27 years my exhusband and I executed a Will. We are now divorced does this make the Will automatically void or do we have to contact the attorneys office and advise them of this?

Answer

Thank you for your question.

Divorce does not automatically revoke your will, but it does automatically revoke any provisions made in favor of your ex husband. In essence, the will is read as though he had predeceased you. Given the many things that can change in the process of a divorce, including a change in assets, a change in family relationships, change of beneficiaries of policies of life insurance and other accounts, it is a very good idea to revisit your estate plan. Most likely, you will want to prepare a new estate plan. Because the previous firm may have loyalties or further dealings with your ex husband, you may want to find your own firm to represent you.

Our estate planning attorney has easy access to Metrowest Boston, and I would encourage you to give us a call if you would like to schedule an appointment to review your situation.

Answer

It does void the Will, but you should have a new Will and Durable Power of Attorney executed as soon as possbile. Likewise you need to change the beneficiary under retirement plans to conform to the terms of the divorce and if he is no longer to be a beneficiary under your retirement plan, you should change your beneficiaries immediately.

If you need assistance with this, please feel free to contact me.