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

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.)

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

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