Does divorce affect the operation of a will?

Does divorce affect the operation of a will?

• A. No, but appointments as executor or gifts to a former spouse do not take effect
• B. Yes, divorce automatically invalidates the will
• C. Divorce has no effect on executors or gifts but appointors remain
• D. No, but gifts to former spouse are unaffected

Answer: (A)

When a divorce happens, the will itself isn’t automatically torn up or invalid. What changes is how the will treats the former spouse. Provisions that leave a gift to the former spouse or appoint them as executor are treated as if they no longer apply. In other words, gifts to the former spouse do not take effect, and the former spouse’s appointment as executor is revoked. The rest of the will continues to operate as written. This is why the statement that matches best is that divorce doesn’t affect the will as a whole, but it disables gifts to a former spouse and any appointment of the former spouse as executor. The other ideas overstate or misstate the effect: divorce does not invalidate the entire will, and gifts to a former spouse are not kept intact, nor is the impact limited to nothing at all.

When a divorce happens, the will itself isn’t automatically torn up or invalid. What changes is how the will treats the former spouse. Provisions that leave a gift to the former spouse or appoint them as executor are treated as if they no longer apply. In other words, gifts to the former spouse do not take effect, and the former spouse’s appointment as executor is revoked. The rest of the will continues to operate as written.

This is why the statement that matches best is that divorce doesn’t affect the will as a whole, but it disables gifts to a former spouse and any appointment of the former spouse as executor. The other ideas overstate or misstate the effect: divorce does not invalidate the entire will, and gifts to a former spouse are not kept intact, nor is the impact limited to nothing at all.