Port Saint Lucie, FL asked in Estate Planning for Florida

Q: Is a will still valid after a divorce?

The will was drafted in GA in 1995 and the divorce took place in 2010. The ex-wife remarried and is now widowed and both parties now reside in Florida. Is the will valid or does an amendment need to be made?

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: The answer to your question can be found here in the Florida Statutes below;

732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—

(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will.

(2) Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise.

I will add, Florida Law is substantially different from many other states related to Homestead, Durable Power of Attorney, Florida Healthcare Surrogate and so forth, if your will is from 1995 (although valid and enforceable), it should be updated with the numerous changes in law that have taken place as well as the specific laws of Florida where you will be living (just for example, many financial institutions in Florida will simply not take or accept an outdated Power of Attorney that has not been updated for recent law changes in Florida). I would encourage you to update your Will and estate plan.

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: Wills are not intended to last forever. They should be reviewed and updated at least every 5 years or so, particularly as in this case there is a change of status. There are laws that can be confusing in the interpretation of the intent of the deceased person who has chosen not to update a will after a divorce. To prevent conflict over the intent an attorney should be consulted so the will can be updated and revised.

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