If my brother named his wife as the beneficiary and now they are no longer married, does that void the Will written before their divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my brother named his wife as the beneficiary and now they are no longer married, does that void the Will written before their divorce?
His Will states, my beloved wife now she is no longer his wife. Their divorce is final and we cannot find another updated Will.
Asked on March 8, 2011 under Estate Planning, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In light of the prevalence of divorce in the modern era and the fact that many people fail to update their Wills after their marriages end, most states have enacted statues to cover just such a situation as this. Accordingly, divorce revokes a gift to an ex-spouse that is a beneficiary under a Will, life insurance policy, or the like. It does not void the Will itself (just the gift). Therefore pursuant to the laws of most jurisdictions, your father's ex-spouse would be deemed as having pre-deceased him and the bequest would go to the party that would receive under the "residuary clause" (i.e. the clause that reads, "All the rest, residue and remainder...").
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.