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A marriage does not automatically include a new spouse in a will. If you get married, you will need to change your will, otherwise your new husband or wife will not be included as beneficiary. Moreover, if you have an existing will, you must amend it or create a new will to add your new spouse.
Remember: a new spouse requires a new will.
Additionally, divorce does not automatically revoke your will. However, everything given to your ex-spouse under your will and upon your divorce is revoked. Illinois divorce also revokes your ex-spouse’s ability to act as your trustee or to administer your estate upon your death—pending you selected your ex-spouse to act as testator under your will (see 755 ILCS 5/4 7). Your ex-spouse is treated as though he or she has died before you.
Your ex-spouse will also be revoked from your will if your marriage is annulled. But remember, a legal separation, where an Illinois divorce judge has entered a Judgment for Legal Separation, does not revoke everything given to your ex-spouse under your will. You must take steps to amend your will or create a new will.
Among the many Illinois divorce laws, it is wise to be familiar with the effect a divorce, legal separation, or annulment may have on a will or estate plan. Particularly, if you are a high net worth person or high income person, you must plan to change your estate plan as soon as you know you are divorcing.
The Illinois divorce laws discussed above are not only contained throughout the Illinois Marriage and Dissolution of Marriage Act, but rather in the Illinois Probate Act as well. An experienced DuPage County divorce lawyer, such as our lawyers at Martoccio & Martoccio, have several years of practice and familiarity with all of the laws that impact Illinois divorce laws. A working knowledge of divorce, as well as income tax law and many other areas of law, help make our lawyers the very best Illinois divorce lawyers. Call us today at 630-920-8855.
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