If my husband and I were divorced 14 years ago but the only Will he has is the one we had made while we were still married, is it still valid?

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If my husband and I were divorced 14 years ago but the only Will he has is the one we had made while we were still married, is it still valid?

Asked on December 22, 2011 under Estate Planning, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If your former husband still has the same Will in place that he had prior to you and he being divorced, its terms and conditions would still be operative and controlling upon his passing assuming it is not changed before his death.

The reason is that a Will speaks upon the death if its maker, just like a testamentary trust. It is not your place to mention the above opinion to him regarding the operative effect of his Will. Possibly he is under the mistaken belief that your divorce decree invalidated the Will he had prior to the dissolution.


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