Marriage, divorce and childbirth (or adoption) usually require people to revisit their current will in Delaware. Estate planning should be up to date after all significant life events. People should always revise their estate planning after a divorce or risk having their assets distributed to their ex-spouse.
Which aspects of the will should you check?
Aspects of wills and estates depend on the estate setup. Gifts depend on the law, but most states revoke a gift to a spouse after a divorce. Many state laws treat a spouse as if they died at the time of a divorce, annulment or dissolution. Some states even revoke gifts to ex-spouse family members. A will should default to alternate beneficiaries after a divorce. Many couples have their surviving spouses as beneficiaries. Remember that documents such as retirement accounts and life insurance transfer outside of wills. After a divorce, people should update any lost or gained property. Many people use their spouse as the executor of their will. A guardian may look after young children if both spouses die.
How do you update your will
People can change their wills with an amendment or by rewriting a new will. Divorce may change quite a few things, so it may be easier to write a new will. People can revoke a will by writing it into the new will or ripping up the original will. The courts use the newest date, so the new will supersedes the previous one. There are sample wills online that can give people the proper format. Most people leave most things to their spouse so starting fresh with new beneficiaries is best after a divorce.
A couple is legally married until a judge signs a divorce decree, but people can change their wills at any time. The rule depends on the types of wills and estates, but people can usually make some changes themselves. There are a few actions that people can’t do until after a divorce, but they can serve a notice. An ex-spouse can also challenge will in court.