Full question:
I live in North Carolina. I made a will few years back stating, after my death, my separate property will be owned and controlled by my wife. But I am getting divorced next month. Will the will be revoked once I am divorced?
- Category: Wills and Estates
- Date:
- State: North Carolina
Answer:
In North Carolina, dissolution of marriage by divorce or annulment after making the will does not revoke the will of the testator unless it is specifically provided in the will. Once it is mentioned in the will, it will revoke all the provisions of the will in favor of the testator’s former spouse or purported former spouse, but not by limitation any provision conferring general or special power of appointment on the former or purported former spouse as executor, guardian, trustee or conservator. Once the provisions are revoked, they will be revived upon remarriage of the testator to the former or purported former spouse.This is provided in North Carolina General Statute §31-5.4. It reads:
“Dissolution of marriage by absolute divorce or annulment after making a will does not revoke the will of any testator but, unless otherwise specifically provided in the will, it revokes all provisions in the will in favor of the testator's former spouse or purported former spouse, including, but not by way of limitation, any provision conferring a general or special power of appointment on the former spouse or purported former spouse and any appointment of the former spouse or purported former spouse as executor, trustee, conservator, or guardian. If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse or purported former spouse.”
Therefore, with the case in hand, your will, will be revoked if you have specifically mentioned in the will that on dissolution of marriage by divorce or annulment, all the provisions in favor of your former spouse or purported former spouse shall be revoked.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
