The Importance of Updating Your Will After Divorce
Whether you have been married for one year or thirty years, it is extremely important to update your estate plan following a divorce.
RCW 11.12.051(1) states that “if, after making a will, the testator’s marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator’s former spouse or former domestic partner are revoked (unless the will expressly provides otherwise). Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse or former domestic partner failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity.”
In many instances, particularly in longer term marriages that amicably dissolve, there are folks that wish to include their former spouse as a beneficiary in some fashion. However, there must be a new will signed post-divorce for that to happen (unless the will expressly provides otherwise). Additionally, the statute does not simply ‘remove’ the former spouse from the will after divorce – it states that the former spouse pre-deceases the testator. Most wills today include provisions about one spouse predeceasing the other, but most do not include provisions regarding the effect of a divorce. This means that the provision regarding the predeceasing spouse will go into effect if nothing is changed post-divorce.
The Lawyers at Beresford Booth Are Worth Your Time
When choosing a lawyer, consider these factors and take the time to interview multiple candidates. Ask about their experience, fees, and approach to cases. Ask the best way to communicate with them. Trust your instincts and choose a lawyer who you feel both comfortable with and confident in.
Serving Washington Since 1946
Beresford Booth lawyers are experienced, dedicated professionals, prepared to answer your questions and guide you through the process based on your needs and goals. As a result of our experience, we provide you practical advice and set reasonable expectations for the process. Together, we develop and implement a case strategy based on your goals. Beresford Booth is a Primerus law firm. Primerus is an international society of top-rated independent law firms.
Our Estate Planning and Probate Group is available to assist you with all estate planning needs, including updating your will after divorce. Our Family Law Group is available to assist you with all family law related matters including dissolutions, separations, support, and parenting plan matters. To request a consultation, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
