Canan ex-wife enforce the provisions ofa Willfor whichthere has been no express revocation?

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Canan ex-wife enforce the provisions ofa Willfor whichthere has been no express revocation?

2000: Decedent executed a valid Will naming his then wife as a sole beneficiary; 2006: Decedent divorces his wife 2007; Decedent executed valid codicil providing bequest to his 2 sons 2008; Decedent remarries 2010; Decedent dies.

Asked on November 4, 2010 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Section 6122 of CA's Probate Code states in part that unless your Will provides to the contrary, all gifts, powers of appointment, and appointment of an ex-spouse as a trustee, guardian or conservator are revoked upon dissolution of the marriage. What this means is that if you write a Will while you are married and this Will gives something to your spouse or appoints your spouse to look after your property when you pass away (either as a personal representative or a trustee in a trust), those things are erased from your Will when your divorce is final. The gift then passes according to the CA's intestate statute (that is, it will pass as if there was no Will and it will go to the next of kin).


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