Filippakos Law LLC

News

Firm Announcements and Law Updates

What happens to your will after your divorce in Connecticut…

Will+after+divorce.jpg

The last thing on your mind during and after your divorce may be your current will.  As per Connecticut state law, when your divorce is final, your ex- spouse will be viewed the same as if they had not survived you (in the context of your will). This means that if you nominated your ex-spouse as your executor, trustee, guardian, or other fiduciary, it will no longer be upheld, unless you expressly state that divorce will have no bearing on your nomination. If an alternate is not named, these responsibilities will be left up to the court to decide.

This only applies if your will was executed on or after January 1, 1997. If your will was executed up to 30 years prior, your divorce will have no bearing on your will, and if your spouse is nominated, he/she will still hold those nominations. As always, it is highly recommended to periodically review your current will and update it as necessary. Even more so, updating your will as soon as feasible after your divorce, will save your loved ones from excessive stress in an already extremely difficult time. 

 

Connecticut state statute

CT Statute 45a-257c. Marriage of testator terminated after execution of will. Provisions of will re former spouse revoked. If, after executing a will, the testator’s marriage is terminated by dissolution, divorce or annulment, the dissolution, divorce or annulment shall revoke any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, guardian or other fiduciary, unless the will expressly provides otherwise. Property prevented from a passing to a former spouse due to revocation by dissolution, divorce or annulment shall pass as if the former spouse failed to survive the testator, and other provisions conferring power or office on the former spouse shall be interpreted as if the spouse failed to survive the testator. If provisions of the will of the testator are revoked solely by this section, such provisions shall be revived by the testator’s remarriage to the former spouse. A decree of separation which does not terminate the status of husband and wife is not a dissolution or divorce for the purpose of this section.