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Should I Change My Will After a Divorce? How Should I Change My Will After a Divorce?

Posted on June 7, 2021 by Chris Kirker

After a divorce, Texas statute prohibits former spouses from inheriting or acting as fiduciaries to a former will that was created prior to the dissolution of the marriage. Texas Estates Code 123.001. Although the statute prohibits a former spouse from taking property or acting as a fiduciary under the will, this does not mean that you should not update your will. If the property is not entirely devised under a will, the property will consequently pass through intestate succession.

The laws of intestate succession are made to reflect how the average person may generally expect their property to be distributed but might not reflect what you, as the testator, want. The manner in which property is distributed under intestate succession depends on whether the testator died with a spouse if there are any children the testator had with someone other than the spouse at the testator’s death, and the number of children the testator had. 

For this reason, it is best to review a will after a divorce to ensure that all of the property is accounted for and is being distributed in accordance with your wishes. Moreover, executing a new will revokes any content from the previous will to the extent it is inconsistent. If you have any questions involving divorce and testamentary modifications, please contact a Kirker Davis attorney today.

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