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The importance of updating your will after a divorce

On Behalf of | Feb 28, 2023 | Divorce

Getting divorced in Florida can be complicated. In addition to all the paperwork involved with filing for divorce, you must also pay attention to other joint legal documents. Updating your will is essential to moving forward with this new stage in life.

Divorce and state law

Florida law assumes that an individual will no longer want their ex-spouse as a beneficiary of their will. If you die without changing it, the court will typically revoke the gift and pass it to other beneficiaries.

However, if you have not updated your will in some time, your spouse may be the only beneficiary listed. This situation will complicate the probate procedure, so it is critical to amend the document to remove your former spouse and include new beneficiaries like your children.

Updating your assets

The division of assets is a standard part of getting divorced. This split is not so difficult when financial accounts comprise most of your holdings. It becomes more challenging if you are splitting property.

When you update your will, you must also acknowledge changes in ownership caused by the divorce. It can slow down the distribution if you list property you no longer own.

How to update your will

In most cases, it is easiest to rewrite the entire document. Following this path will prevent any accidental references to your ex-spouse in the will, preventing confusion down the line. For clarity, you should destroy copies of the old will so the new document remains uncontested.

Clarity for the future

Updating your will after a divorce clarifies your wishes for everyone involved. They will appreciate the steps you take now to simplify the distribution of your assets after you are gone.