Are previous wills re-instated if a couple re-marries?
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Are previous wills re-instated if a couple re-marries?
My husband and I were married in 2010 and made
wills. We divorced in 2016, which voided the wills. If
we remarry, will the previous wills still stand if we are
to leave everything the same or do we need new
ones?
Asked on January 2, 2018 under Estate Planning, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First, to correct something: divorcing does not automatically void a will. If the will was drafted to leave everything to your "wife" or "husband," then if you divorce and stay divorced, the will may be ineffective, the same way that if a will leaves everything to a particular person and that person dies before the person making the will, the will is ineffective--but being ineffective is not the same as legally "voiding" the will, and the will remains in effect, even though it has become impossible for its instructions to be carried out.
Therefore, since the will was never voided, it remained in effect; so if the remarriage now means that the will's terms can be carried out, there is no need to create a new will or wills.
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