Tag Archives: wills and divorce

Illinois divorce laws, DuPage County divorce lawyerA 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.

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