Use case

Updating your Will and estate plan after divorce

Divorce automatically revokes some beneficiary designations in certain states, but not all — and it never updates your actual will or trust documents automatically. Acting quickly after divorce ensures your ex-spouse does not inherit your estate or retain control over your finances.

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Amend Existing Will

Codicil to Will Form for Amending Your Will - Testamentary Pet Trust

Create a legally binding amendment to your will that ensures your pets receive care after your passing.

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Amend Existing Will

Changing Will with Codicil to Will Adding new Bequest and Republishing

Use this document to update your will by adding new bequests or modifying existing provisions.

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New Will After Divorce

Last Will and Testament for Divorced person not Remarried with Adult Children

Protect your wishes regarding asset distribution and guardianship decisions for your adult children after passing away.

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New Will After Divorce

Last Will and Testament for Divorced person not Remarried with Minor Children

Plan for your children's future with a legal document that ensures guardianship and asset management after your passing.

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New Will After Divorce

Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Protect your wishes regarding your property and guardianship for your children after death with this essential estate planning tool.

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New Will After Divorce

Last Will and Testament for Divorced Person Not Remarried with No Children

Create a valid will that reflects your wishes after divorce, ensuring your estate is managed as you desire.

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Revoke POA

Revocation of General Durable Power of Attorney

Revoking a general power of attorney ensures your previous agent no longer has authority to act on your behalf. It's crucial for managing your legal decisions.

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Why this matters

Divorce doesn't update your will automatically

In most states, divorce revokes gifts to a former spouse in a will, but the rest of the will remains intact — including any appointment of your ex as executor.

Beneficiary designations need manual updates

Life insurance, retirement accounts (401k, IRA), and bank POD accounts are not affected by divorce in most states. You must manually update each one.

Powers of attorney must be revoked

If your ex-spouse holds a financial or healthcare power of attorney, that authority must be explicitly revoked.

How it works in 3 steps

Step 1
Inventory your existing documents
Gather your current will, trust, POAs, life insurance policies, and retirement account beneficiary designation forms.
Step 2
Revoke and replace
Execute a new will (which revokes all prior wills), revoke any POAs held by your ex, and update beneficiary designations with each financial institution.
Step 3
Update your trust if you have one
A revocable living trust must be amended to remove your ex as trustee, successor trustee, or beneficiary.

Notarization guidance

Wills require notarization in some states and witnesses in all states (typically 2 non-beneficiary witnesses). Powers of attorney require notarization. Codicils follow the same execution requirements as the original will.

FAQs

Divorce statutes in most states automatically revoke bequests to a former spouse in an existing will. However, you should still update your will to avoid confusion.

Not sure which forms you need?

Find forms to update your will, revoke powers of attorney, and change beneficiary designations after a divorce.

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Glossary of terms

CodicilA formal amendment to an existing will that changes, adds, or removes specific provisions without replacing the entire document.
Revocation of power of attorneyA signed document that formally cancels a previously granted power of attorney.
Beneficiary designationA form filed with a financial institution naming who receives account funds upon the owner's death, superseding the will.

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