If you recently finalized a divorce, you may wonder whether an old will can still leave property to your former spouse. Delaware Code Title 12, Section 209 automatically revokes certain will provisions after divorce, but it does not necessarily update every part of your estate plan. Reviewing what changed can help ensure the documents still reflect your wishes.
What does the law change automatically?
Under Section 209, divorce or annulment generally revokes parts of your will that leave property to a former spouse or give that person certain powers or roles, such as executor, trustee or guardian. The rule does not apply if the document specifically says otherwise.
For those affected parts of the will, the law generally treats your former spouse as though they died before you. The law specifically addresses the former spouse, so a gift to a former in-law is not automatically revoked under this rule.
What parts of your estate plan may still need review?
Section 209 applies to wills, but some assets, including life insurance, retirement accounts and certain bank accounts, may pass through separate beneficiary designations or account terms. After divorce, you may want to review:
- Your existing will and its beneficiaries
- Beneficiary designations on life insurance, retirement and payable-on-death accounts
- Powers of attorney and healthcare directives
- Trusts or other documents that name your former spouse
Reviewing these documents does not mean every designation must change. It can help you identify anything that no longer matches your intentions.
Why your estate plan may still need updates after divorce
Divorce may change parts of your will automatically, but the overall estate plan can still contain choices you made while married. Reviewing the documents together can help you identify names or instructions that no longer reflect your wishes. A Delaware estate planning attorney can explain what the law has already changed and which wills, beneficiary designations or other documents may still require your attention.