How Does a Divorce Affect My Will?
Most state legislatures and courts recognize that a testator
probably did not intend for his/her property to pass to an ex-spouse. To that end, in Washington, if you leave
property to a spouse in a will and subsequently divorce, all provisions in the
will that granted any interest or power to your former spouse are revoked,
unless your will expressly provides otherwise.
So what happens to that property?
Provisions of the will affected by a divorce are interpreted as if the
former spouse failed to survive you, having died at the time of the divorce
decree. That said, if you and your
spouse remarry, the provisions of your will that were revoked by the divorce
will be revived by your remarriage.
Ultimately, it is imperative that you update your will after a divorce
so it accurately reflects your wishes.