Legal Question in Wills and Trusts in Louisiana
if divorce in99 is will revoked
if divorced in 1999 would 1996 will be revoked
1 Answer from Attorneys
Re: if divorce in99 is will revoked
I'm guessing that you might be concerned about the ex-spouse being named as a "legatee" (i.e., beneficiary) in the 1996 pre-divorce will. I do not know for certain if a divorve decree from a court has the power to nullify or negate a legacy in a will unless that court specifically mentions/states that the will is thereby nullified. Otherwise, I do not believe that the divorce has any effect on the validity of the will (i.e, if your ex-spouse was named a legatee in 1996 and you then divorce in 1999, I think the named ex-spouse remains a legatee in the 1996 will unless it is revoked or changed).
My best suggestion--if this scenario is your concern--would be to simply get a new will, revoking any & all prior wills and naming whomever you now wish as your legatee(s) (i.e., NOT your ex-spouse). This would avoid the issue and confusion of whether or not the 1999 divorce incidentally nullified or altered the 1996 will.