What is the effect of a divorce upon a will made during marriage?

A question for my Will’s and Estates class. Under New York State Law.

What would the effect of a divorce upon a will made during marriage?

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2 Responses to “What is the effect of a divorce upon a will made during marriage?”

  1. Artemis Gwen Says:

    In New York, a divorce revokes the will with regard to the ex-spouse.

    (Note: This does vary from state to state so anyone else who reads this make certain you check the law for your specific state!)

  2. davester1970 Says:

    It depends on the wording of the will. If for instance you state that you leave all your possessions to your wife and you are no longer married to her, then your ex-wife DOES NOT have a claim to your estate anymore since she is no longer your wife. If on on the other hand you were to state the name of your wife in the will, then she will still be entitled to your estate since her name is concrete on that legal document is entitled to whatever you leave her of your estate.

    This is why you really want to change your will when you either get a divorce or a beneficiary dies or falls out of favor for whatever reason.