Will the provisions concerning wife in the husband’s will be valid after divorce in Virginia?
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?
02/08/2017 |
Category: Wills and Es... » Divorce |
State: Virginia |
#31762
Answer:
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