How does getting a divorce effect my will?

Many people do not think to change their wills after they get a divorce; I mean getting a divorce is enough stressful enough.  When you get divorced in the State of Illinois your ex-spouse will be deemed to have predeceased you.  But what does this really mean?

Illinois law provides that for those who do not change their will, the ex-spouse will not be entitled to take any gift that was set out for them in the will.  This is a matter of public policy as many people do not want their ex-spouse taking anything from their estate after their death.

The divorce will not only revoke all former gifts to the ex-spouse, but will also revoke any and all appointments of the ex-spouse as the executor of the estate or trustee under the will.  An executor of the estate is one who will probate the will.  Be aware, however, that this Illinois law does not apply to life insurance contracts or to a revocable trust.  Although the State of Illinois will revoke all gifts under a will to an ex-spouse, it is in your best interest to change your will immediately upon your divorce so there can be no question as to your intent regarding who will get your property when you pass.

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