Legal Question in Wills and Trusts in Louisiana

if divorce in99 is will revoked

if divorced in 1999 would 1996 will be revoked


Asked on 2/15/01, 1:20 pm

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

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.

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Answered on 3/30/01, 12:26 pm


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