Your divorce decree may signify the formal end of your marriage, but there are steps you need to take after the court proceedings are done. One important consideration is your estate plan. If you have a last will and testament, it is crucial that you update the document to take your divorce into account.

It goes without saying that your priorities regarding the future have likely changed following the end of your marriage. If you do not update the terms of your will, your estate could end up in your former spouse’s hands after your passing.

Reasons to Update Your Will After a Divorce

For several reasons, it is a good idea to update and review your will after your divorce has been finalized. The chances are good that if your former spouse is a beneficiary, you might choose to reconsider your options. Some factors to consider include:

• Update Beneficiaries. If your former spouse was a beneficiary of your will, you might want to select different beneficiaries. This is important to ensure that your final wishes are followed after your passing.
• Update Executors and Trustees. Many people name their spouse as the executor of their estate or the trustee of any living trusts. It is important to select someone else to fill these roles following your divorce.
• Avoid Challenges. If you fail to update your will, there is a higher chance that your beneficiaries and former spouse might challenge the will or be involved in drawn-out conflict over any unclear terms. By making changes, you can show that your beneficiary choices were not an oversight.

Ways to Update Your Will

To update your will you must draft an entirely new one, which would replace the old one. The law does allow you to amend an existing will by amending additional language to it. This is known as a codicil. Creating a new will allows you to make changes and include language that explicitly revokes the prior will. 

Talk to a Divorce Lawyer About Updating Your Will

You have a lot to think about when it comes to your divorce. While securing a divorce decree is the ultimate goal, you will also need to take into account your estate plan. You have the right to rely on legal counsel to help you plan for every aspect of the dissolution of your marriage.

The attorneys of Barton & Associates Attorneys at Law, PLLC, are here to help you navigate this process. We have assisted countless people facing the end of their marriage, and we can use that experience to help you get the best available outcome. Call today to discuss your options and family law needs with our firm.