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 after the making of the will, the person who made the will gets divorced from his spouse then the divorce revokes any disposition or appointment of property made in the will to the former spouse. Unless there is any provision in the will that provides to the contrary, any special power of appointment on the former spouse or nomination of the former spouse as executor or trustee or conservator or guardian may be revoked as a result of the divorce. The relevant statutory provision in this regard is stated below.Va. Code Ann. § 64.2-412 reads:
“ A. If, after making a will, the testator is divorced from the bond of matrimony or his marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse. Unless the will expressly provides otherwise, any provision conferring a general or special power of appointment on the former spouse or nominating the former spouse as executor, trustee, conservator, or guardian is also revoked.
B. Property prevented from passing to a former spouse because of revocation pursuant to this section shall pass as if the former spouse failed to survive the testator. Provisions of a will conferring a power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator.
C. If the provisions of the will are revoked solely pursuant to this section, and there is no subsequent will or inconsistent codicil, the provisions shall be revived upon the testator's remarriage to the former spouse.
D. Except as provided in this section, no change of circumstances shall be deemed to revoke a will.”
Thus, after your divorce, your husband’s will and any provision in it that concerns you, will be regarded 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.
