Divorce can have a significant impact on a person’s estate planning documents, including their will. In this article, we will provide an overview of the ways in which divorce can affect a will, and the steps that a person can take to ensure that their will accurately reflects their wishes in the event of a divorce.
- Revoking a will
Under Texas law, a will can be revoked by destroying it with the intent to revoke it, or by executing a subsequent will. If a person gets divorced, their will is automatically revoked to the extent that it provides for their former spouse. This means that if a person’s will names their spouse as a beneficiary, that designation will be revoked upon divorce.
- Modifying a will
If a person gets divorced and they wish to modify their will to remove their former spouse as a beneficiary, they will need to execute a new will or codicil (an amendment to a will). It is important to carefully review the terms of the will to ensure that all provisions that relate to the former spouse are updated or removed. It may be helpful to seek the assistance of an attorney to ensure that the will is properly revised.
- Protecting against challenges to the will
In some cases, a former spouse may challenge a will on the grounds that it was executed during the marriage and is therefore invalid. To protect against such challenges, it is important to ensure that the will is properly executed and witnessed, and that the person making the will had the requisite mental capacity to do so. It may also be helpful to seek the assistance of an attorney to ensure that the will is properly drafted and executed.
Conclusion
Divorce can have a significant impact on a person’s will, and it is important to understand the ways in which divorce can affect a will and to take steps to ensure that the will accurately reflects the person’s wishes. By reviewing and updating their will after a divorce, a person can ensure that their assets are distributed in accordance with their wishes, and that their loved ones are protected.