I had a Will done up when I was married leaving everything to spouse but now I’m divorced, is this Will still legal?

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I had a Will done up when I was married leaving everything to spouse but now I’m divorced, is this Will still legal?

Asked on July 10, 2016 under Estate Planning, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The will is still valid even after divorce.  A divorce decree only ends the marriage and divides the assets and liabilities of the parties.  A final divorce decree will not effect testamentary gifts-- regardless if they are by will or by a life insurance policy. If you no longer want your spouse to inherit by will or via a life insurance policy, then you need to change your will or change your beneficiary designations.


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