What effect does divorce have on a will's provisions for the former spouse?

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When a person gets divorced, it typically impacts their estate planning documents, including their will. When the will lists the former spouse as a beneficiary or as someone holding a fiduciary role, most jurisdictions automatically revoke those provisions due to the fundamental change in the relationship.

This approach is designed to reflect the intent of the testator and to prevent the ex-spouse from unexpectedly benefiting from the will after the marriage has ended. Therefore, any gifts to the former spouse, as well as any appointments such as executor or trustee, are considered revoked at the time of the divorce, unless the will explicitly states otherwise.

This automatic revocation helps clarify the testator's intentions post-divorce and ensures that the former spouse does not receive assets or control over the estate that would not be intended after the end of the marital relationship.

In contrast, other options either suggest that the will remains unchanged (which does not align with the purpose of legal systems to respect changed personal circumstances) or imply rights for the former spouse that do not reflect common legal principles regarding wills and divorce.

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