Will my will be revoked after my divorce in North Carolina?

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?

Answer:

In North Carolina, getting divorced does not automatically revoke your will. However, it will revoke any provisions in the will that benefit your former spouse, unless your will specifically states otherwise. This includes any roles you may have assigned to your ex-spouse, such as executor or trustee. If you remarry your former spouse, those revoked provisions will be revived. This is outlined in North Carolina General Statute § 31-5.4.

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.

FAQs

A will is valid after the testator's death as long as it was properly executed according to state laws. In North Carolina, a will remains valid until it is revoked by the testator or deemed invalid by a court. It must go through probate for the terms to be enforced.