Legal Question in Wills and Trusts in Pennsylvania

You can void a will be tearing it up. However, once you do you have no will. So it's best if you have a new will drafted and executed then destroy the old will.

{John}

The will is not null and void. Usually, state law provides that any dispositions in favor of your husband are revoked by the divorce. What this means is that the law will treat him as if he died before you. See 20 Pa.C.S.A. Section 2507:

Wills shall be modified upon the occurrence of any of the following circumstances, among others:

(2) Divorce.--If the testator is divorced from the bonds of matrimony after making a will, any provision in the will in favor of or relating to his spouse so divorced shall thereby become ineffective for all purposes unless it appears from the will that the provision was intended to survive the divorce.

However, whenever you have a life-changing event like this, do a new will! Wills are not really all that expensive.

Feel free to contact me if you would like me to review your will and make a new will for you.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

The best practice in the situation of a divorce would be to have a new will drawn to avoid any confusion or ambiquity.