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ARTICLE · 23 APRIL 2001

Has Divorce Revoked Your Will?

United StatesInsolvency/Bankruptcy/Re-Structuring
Simon J Lebo
Simon J Lebo

If you are facing divorce, or are divorced, you need to take a close look at your estate planning documents to ensure that your wishes are carried out. Wills executed prior to January 1, 1997 are revoked under Connecticut law if the testator of the will is subsequently divorced. C.G.S. § 45a-257e.

This severe result under Connecticut law could have drastic consequences to your carefully constructed estate plan. Under these circumstances, your estate would be distributed under intestate law, which may not coincide with your wishes. Another consequence is the additional expense and delay in petitioning the Probate Court to have an administrator appointed. This Court appointed administrator may very well end up being an individual you do not want handling your financial affairs.

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