Legal Question in Wills and Trusts in Arizona
law as it pertains to wills and divorce
If a spouse was named in the will as the executor, would this still be valid if there had since been a divorce. Verbiage includes both the wife's name and wording ''spouse''.
2 Answers from Attorneys
Re: law as it pertains to wills and divorce
Generally, the nomination is revoked automatically when the divorce is final. See ARS ยง 14-2804.
However, there are exceptions. (For example, if the the divorce decree requires it.)
Re: law as it pertains to wills and divorce
In general, the answer is "No".
Arizona Revised Statues Section 14-2804.A. states that unless your Will expressly states otherwise, a divorce completely and automatically revokes any disposition of property and appointment as personal representative (executor/executrix) previously provided to that ex-spouse in an earlier Will.
Having said that, though, it would still make more sense for you to make a new Will, and make sure your ex-wife has been removed as beneficiary of any of your accounts, stocks, pensions, insurance, etc.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
