Legal Question in Family Law in California

My ex husband & I have Irrevocable Wills,We Divorced 2012, Does our Irrevocable Wills still valid after our Divorced?

Asked on 5/11/13, 5:33 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

First of all, I have never heard of an irrevocable will. A will could only be truly irrevocable - meaning not capable of being revoked - if the testator (the person who made the will) died.

California has a special statute that governs the effect of a divorce on a previously executed will. Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all of the following: (i) any disposition or appointment of property made by the will to the former spouse; (ii) any provisions of the will conferring a general or special power of appointment on the former spouse; and (iii) any provision of the will nominating the former spouse as executor, trustee, conservator, or guardian. (Prob. Code, sect. 6122.)

Read more
Answered on 5/11/13, 7:56 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now