A divorce fundamentally changes the dynamics of a marital relationship. It is only natural that individuals may want to reassess their estate plans in light of this significant life change.
One important consideration in New York is whether you should revoke your will.
The impact of divorce on wills
New York has 2.2 divorces per 1,000 people. In the state, when a divorce is final, it automatically revokes certain provisions in your will that pertain to your former spouse. This means that any bequests, appointments or fiduciary roles you assigned to your ex-spouse will be null and void.
Automatic changes
New York law takes a practical approach to the post-divorce impact on wills. The automatic revocation of provisions related to the former spouse alims to align the will with the new circumstances. However, it affects only specific clauses related to the ex-spouse. Other provisions, such as those concerning children or assets, remain intact unless you make express modifications.
Considerations for revising your will
While the law in New York addresses certain aspects of will changes after divorce, individuals may still find it beneficial to revise their wills. This is particularly important if there are other changes in personal circumstances, such as the birth of children, acquisition of new assets or changes in relationships with other family members.
The decision to revoke a will after a divorce in New York involves both legal considerations and individual circumstances. Taking proactive steps can help ensure that your estate plan post-divorce accurately reflects your wishes.