Legal Question in Wills and Trusts in Indiana
old will good if divorced to wife?
a 20 odd year old will written is it still good if at the time of death they were not married? and do you have to have an estate?
2 Answers from Attorneys
Re: old will good if divorced to wife?
All of the provisions of a wil executed prior to the dissolution of marriage stand except for the gift to the spouse, who is treated as having predeceased the testator. Thus the former spouse will not take anything under the will.
Re: old will good if divorced to wife?
There is a section of the probate statute which would revoke the will so far as gifts to the ex-spouse are concerned. But there may be a possibility of a valid gift under that will if you can show that the deceased ex-spouse wanted to keep the surviving ex-spouse as a beneficiary on the terms in that will. Would require some pretty strong evidence, though.