{"id":14673,"date":"2020-09-15T15:33:54","date_gmt":"2020-09-15T15:33:54","guid":{"rendered":"https:\/\/probatestars.com\/?p=14673"},"modified":"2020-09-15T15:33:54","modified_gmt":"2020-09-15T15:33:54","slug":"does-divorce-invalidate-a-will-in-ohio","status":"publish","type":"post","link":"https:\/\/probatestars.com\/does-divorce-invalidate-a-will-in-ohio\/","title":{"rendered":"Does Divorce Invalidate A Will In Ohio?"},"content":{"rendered":"
No, divorce does not invalidate a will in Ohio, but it does have an impact on provisions in your will naming your spouse.\u00a0 Specifically, a divorce, annulment, separation, or entry into a separation agreement revokes:<\/p>\n
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If the will specifically provides that a divorce will not have the effect of revoking the dispositions and appointments set forth above, then the terms of the will control.<\/p>\n
The law regarding the effect of divorce on an Ohio will can be found in Section 2107.33(B) of the Ohio Revised Code<\/a>, the statute governing revocation of wills in Ohio<\/a>, which states:<\/p>\n If after executing a will, a testator is divorced, obtains a dissolution of marriage, has the testator’s marriage annulled, or, upon actual separation from the testator’s spouse, enters into a separation agreement pursuant to which the parties intend to fully and finally settle their prospective property rights in the property of the other, whether by expected inheritance or otherwise, any disposition or appointment of property made by the will to the former spouse or to a trust with powers created by or available to the former spouse, any provision in the will conferring a general or special power of appointment on the former spouse, and any nomination in the will of the former spouse as executor, trustee, or guardian shall be revoked unless the will expressly provides otherwise.<\/p><\/blockquote>\n If you do not update your estate planning after a divorce, and Ohio law operates to invalidate and revoke provisions of your will concerning your former spouse, then your will is interpreted as if your former spouse predeceased you.\u00a0 Therefore, if Adam and Barbara divorce, and Barbara was nominated to serve as executor in Adam\u2019s will, Barbara will be treated as if she had died before Adam and the person named in Adam\u2019s will to serve as successor executor will have preference to serve.<\/p>\n If provisions in favor of your former spouse are revoked upon divorce solely by operation of Ohio law, then they shall be deemed to be revived by the testator\u2019s remarriage with the former spouse or upon the termination of a separation agreement executed by them.\u00a0\u00a0 This law can be found in section 2107.33(C) of the Ohio Revised Code<\/a>.<\/p>\n Just as a divorce can invalidate and revoke provisions in favor of a spouse in your will, Ohio law also contains a provision revoking the designation of a spouse as a beneficiary upon divorce.\u00a0 The term \u201cbeneficiary\u201d means:<\/p>\n a beneficiary of a life insurance policy, an annuity, a payable on death account, an individual retirement plan, an employer death benefit plan, or another right to death benefits arising under a contract.<\/p><\/blockquote>\nWhat Happens When Provisions In A Will Regarding A Former Spouse Are Revoked By Operation of Law?<\/h2>\n
What Happens To Pay On Death Designations Upon Divorce In Ohio?<\/h2>\n