Probate: family law

Question 1

Effects of divorce

Answer 1

In most jurisdictions, divorce revokes all will provisions in favor of the former spouse—unless it can be shown that the testator intended for the will to survive.

Question 2

Effects of separation

Answer 2

Spouses who are separated, or are in the process of obtaining a divorce, remain spouses until the issuance of a final decree of dissolution of the marriage—unless a complete property settlement is in place.

Question 3

Effects of a prenuptial agreement

Answer 3

A spouse may waive in whole or in part, before or during the marriage, the right to receive property that would pass:

(1) by intestate succession; or
(2) by testamentary disposition in a will that was executed before the waiver.

Question 4

Effects of a prenuptial agreement: subsequent gifts and bequests

Answer 4

A waiver of rights to receive property in a prenuptial agreement does not apply to subsequent gifts or bequests made voluntarily.