As with any significant life change, parties must consider creating a new will after a divorce. People like to think of wills as something you can set and forget. In the case of a divorce, you will likely want to alter your will. You will especially want a new will if your former spouse is the beneficiary.
The will does not have to be rewritten entirely, but some prefer this option for simplicity. It can often seem easier to have an attorney draft a new will that you can sign. Other options include:
- Incorporating a “codicil” to an existing will. This is similar to a postscript and does not require witnesses.
- Rewrite only the relevant sections of the will; however, doing this will require witnesses.
Whatever option you choose, it is important to handle this issue immediately following a divorce. In most states, if you enter a new relationship, your partner will not receive any inheritance unless you leave a will specifying this inheritance.
It makes sense that a will you created during a marriage will no longer be applicable following a divorce. However, it is easy for couples going through a divorce to forget the importance of changing or rewriting the will. With so many life changes, it may not be at the forefront of your mind. But, you must remember it is a critical decision.
Beneficiaries After Divorce
Most parties will not want their former spouse to receive any benefit under the terms of their will. If you list your former spouse as a beneficiary in your will and you neglect to update a change in marital status, the state of Georgia treats your former spouse as though he had died before you. Once the court finalized the divorce, any bequest you made to your spouse reverts to your estate when you die. Then the estate is disbursed to the other beneficiaries listed in your will.
You can revoke your will at any time before, during, or following the divorce, and you do not need to let your beneficiaries know about the change, nor will they need to approve any changes you make to the will. The best way to revoke your will is to execute a new one.
Remarrying and Wills
In the case of remarrying a former spouse, any provisions previously made for them in your will are automatically reinstated, unless you revoked or amended the will following the divorce. In that case, because the state of Georgia allows the disinheritance of a spouse, your spouse will not have any right to the estate unless you create a new will to include them.
If you are in the process of a divorce or have recently divorced, now is a good time to consider rewriting or modifying your will to reflect the relationship and life status changes you are making. Be sure you are handling this issue as best as possible by contacting an experienced family law attorney who can guide you every step of the way. Get professional assistance you can trust with the attorneys at our Cumming law office. Call (770) 475-2521 for a free consultation regarding a new will after divorce.
