Legal Question in Wills and Trusts in Virginia
Does divorce invalidate a will in virginia?
Husband and wife completed wills in Virginia in 2004. He names her (�name� my wife) as beneficiary of his will. The couple divorced in 2008. No other will has been adopted. And no part of the 2004 will has been revoked. The (ex) husband died in 2012. Is the exwife still the beneiciary of this man�s estate?
Asked on 12/28/12, 12:56 pm
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
By statute, the divorce eliminates any provisions made in a prior will that involve the spouse, including the right to receive under the will and the right to serve as executor. It is as if the former spouse predeceased the decedent.
Answered on 12/29/12, 7:14 am
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