What to do about a Will and a separation agreement?

UPDATED: Oct 22, 2012

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What to do about a Will and a separation agreement?

I am separated with a separation agreement from the internet. I signed and witnessed. There is a Will which was done when we were married in both mine and my spouse’s name. Does the Will still stand? Is there a period of time of separation before the Will is null and void.

Asked on October 22, 2012 under Family Law, Florida


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

This is an excellent question.  Until you are officially divorced, your spouse will have rights to inherit some of your property, no matter what your will says.  You can prepare a new will, but your spouse can "take against the will" until your divorce is final.   Your spouse will especially have rights to any homestead property you may have.

I suggest you pursue a final judgment of divorce as quickly as possible.  If your will leaves everything to your spouse, I suggest you also consider preparing a new will immediately.  The new provisions may not be fully effective until the divorce is final, but at least it will be in place when that occurs.

I trust this helps.

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