How doI change a Will due to divorce?

My husband and I had Wills made up for each other to be all at the time of death now we are getting a divorce and I would like to know how to change the the Will back to my son.

Asked on August 2, 2010 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak to a trusts and estates attorney. It's fairly straightforward: for simple changes, an amendment or codicil to the will can be created and executed, though for larger changes--like dropping a spouse--it is probably better to have an all-new will drawn up which will replace the prior will. (You can also use the oppportunity to see if anything else should be changed or updated.) The important thing is to have it done correctly, since if the new will is not properly created and executed, it will be invalid. In that case, the former will (assuming it was properly executed) will still be in effect. That's why expert help is so critical. Good luck.


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.