In the midst of your divorce, you may be preoccupied with dividing your property and finances with your soon-to-be former spouse. But something that should be in the back of your mind, and that should be prioritized once these legal proceedings are settled, is adjusting the arrangements for your assets in your estate planning documents. Namely, you likely no longer wish for your former spouse to be the primary beneficiary of your estate, which should be accurately reflected in your written instructions. With that being said, please read on to discover whether you will need to write a new will after your divorce is finalized and how a seasoned Broward County wills lawyer at The Probate Lawyers can help you understand the importance of looking back at your estate plan after such a significant life event.
Do I need to write a new will after a divorce, or is the old one still valid?
Your existing Last Will and Testament document may remain legally valid and enforceable even after undergoing a divorce. With this, thanks to Florida’s statutes, your official divorce record may prompt your now-former spouse to be removed from most of your will’s provisions. Specifically, they may be stripped of their beneficiary and executor titles. Here, it is almost treated as though your former spouse has predeceased you.
However, this does not necessarily mean that you should keep your will document as is. For example, say you named your former spouse as the primary beneficiary but never appointed succeeding beneficiaries. In this case, the portion of your estate originally assigned to your former spouse may be distributed according to Florida’s intestacy laws rather than your personal preferences. This is to say that it may be best to revoke your original will and establish a new one that substitutes new beneficiaries and allocates percentages of your estate to your liking.
Can my former spouse still challenge my will after our divorce?
In addition, even though your now-former spouse may be automatically withdrawn from your Last Will and Testament document’s terms and conditions, it may not bar their legal right to participate in Florida probate proceedings at the time of your unfortunate death. This is possible if they can present a relevant case to the state’s probate court on the financial effect they will experience from the outcome.
For instance, your former spouse may challenge your new will document’s legitimacy. That is, they may claim that you never physically destroyed your old will, or that you never clearly stated in your new document that its existence revokes all prior versions. Otherwise, they may put into question whether you had the appropriate witnesses present at your will signing, or if their signatures got properly witnessed, as well. Under any of these circumstances, they may fight for the portion of your estate that they were promised in your earlier documents.
To conclude, please prioritize scheduling an initial consultation with a competent Broward County estate lawyer from The Probate Lawyers. We would be honored to represent you in your legal case.
