Let’s address the million-dollar question right off the bat: are will valid after a divorce? The short answer is yes, but it’s complicated. A divorce can throw a monkey wrench into your carefully laid plans, so don’t get caught with your pants down.
When you shuffle off to split up the ol’ bank account, your will doesn’t automatically hit the shredder. It hangs around like that one ex who won’t quite fade into the background. But that doesn’t mean it’s untouched. And here’s why: your will might suddenly read like a Mark Twain novel in an advanced robotics class—pretty much nonsense.
First off, any gifts or appointments you made to your ex-spouse often get nixed once the ink dries on those divorce papers. That means if you named your partner as an executor—or thought you’d hand over the beach house—they’re out like toast in a blizzard. Your will now has gaping holes where your ex used to be mentioned. It’s like trying to serve soup with a colander. Not very effective.
And here’s the kicker: even though your ex might be legally cut out, the rest of your will doesn’t get a magical rewrite. Your kid’s funny uncle or your old college buddy might still be lined up to cash in, and that’s all good as long as you’re down with it. But if your will was written with the assumption that your spouse would deal with the mess after you go belly up, well—you’ve got some homework to do.
On this adventure, it’s best to huddle up with a legal eagle—or an experienced estate attorney. They’ll guide you through the briar patch and make sure all your T’s are crossed and I’s dotted. You wouldn’t want your distant cousin, twice removed, ending up with your treasured collection of rubber ducks, would you? Update that will!