Does divorce revoke my will in New York?
Partly, and automatically. Under New York’s Estates, Powers and Trusts Law, a divorce revokes every provision in your will that benefits your former spouse or names them as executor or trustee, as if they had died before you. Since 2008 the same rule reaches most beneficiary designations outside the will, such as life insurance and retirement accounts, and powers of attorney and health care proxies. The rest of the will remains in force. Two things it does not do: it does not protect you between separation and the judgment, and it does not rewrite the will sensibly, so a new one is still the right move.
What changes on its own, and what does not
The law covers the obvious case. It does not cover the months before the judgment, and it does not choose a new executor for you.
- The will. EPTL 5-1.4 revokes dispositions to a former spouse and their appointment as executor, trustee or guardian, once the divorce is final. The remaining provisions stand, which can leave gaps, such as no named executor.
- Beneficiary designations. The same section revokes revocable designations of a former spouse on life insurance, retirement accounts, pay-on-death accounts and similar, with exceptions, notably where the designation is required by the divorce agreement or a court order, or the account is governed by federal law that says otherwise, such as some employer plans.
- Powers of attorney and health care proxy. Also revoked as to the former spouse once the divorce is final.
- Before the judgment. None of this applies until the divorce is final. If you die mid-divorce with an old will, your spouse inherits under it. Many people sign a new will as soon as the separation agreement is signed.
- What the agreement can require. Mediated agreements often require one spouse to keep life insurance for the children or for maintenance. Those designations are not revoked, because the agreement requires them; put them in writing clearly.
Estates, Powers and Trusts Law §5-1.4, revocatory effect of divorce, as amended in 2008.