Expert Advice When You Need It Most

Can a divorcing spouse make a new will before the divorce is finalized and have it be legal?

Wills and divorce proceedings

Save

Attorney answers (2)

Reputation Level 15
Yes. The effect of a subsequent divorce on a will is that the will is to be read as though the ex-spouse had predeceased the maker of the will. My advice would be to make a new will reflecting the change in circumstances, so as not to invite questions or challenges upon death.

Reputation Level 16
A spouse can make out a will at anytime. If there are any defects as it may relate to a divorce, this is cured when the will is probated.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now