Full question:
I have filed a divorce case in the family court of Virginia. My husband made a will in the year 2010. Per my husband’s will all the property in the event of his death will be transferred in my name. My husband is undergoing treatment for heart valve disease and is not expected to live for more than a year or two. Will the provisions concerning me in my husband’s will be valid after our divorce?
- Category: Wills and Estates
- Subcategory: Divorce
- Date:
- State: Virginia
Answer:
In Virginia, if a person gets divorced after making a will, the divorce revokes any property provisions made in the will for the former spouse. This means that unless the will specifically states otherwise, any gifts or appointments to the ex-spouse are considered revoked. This includes any powers granted to the former spouse or their nomination as executor, trustee, or guardian.
The relevant law is outlined in Va. Code Ann. § 64.2-412, which states:
A. If a testator is divorced after making a will, the divorce revokes any property dispositions to the former spouse. Unless the will states otherwise, any power of appointment or nomination of the former spouse is also revoked.
B. Property that would have gone to the former spouse will pass as if they did not survive the testator.
C. If the will is revoked solely due to divorce and there is no new will, the provisions can be revived if the testator remarries the former spouse.
D. Changes in circumstances do not revoke a will unless specified.
Therefore, after your divorce, your husband’s will and any provisions concerning you will be treated as 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.