Legal Question in Wills and Trusts in Illinois

Re: Divorce and wills

In Illinois, by statute all provisions for a divorced spouse are automatically revoked from a prior will. Current spouse may or may not be a beneficiary depending on how the Will reads, and will have other rights as well. Also, very importantly, statutory removal applies only to the Will, but not to assets that may pass outside of the Will, such as life insurance and retirement benefits. Provisions for an ex-spouse under a beneficiary designation are generally not automatically revoked. Best bet is to have one's full estate plan reviewed as soon as possible after a divorce.