Divorce

Common Law No impact on will so ex-spouse beneficiary would still take. Remember, divorce was rare and was considered a sin.

EC §§ 123.001 & 123.002 The following provisions are void: Ex-spouse as beneficiary. Ex-spouse’s relatives as beneficiary (unless they are also the deceased spouse’s relatives). Former step-children Former in-laws Ex-spouse as fiduciary (executor, guardian of children, trustee).

EC §§ 123.001 & 123.002 Exceptions: Remarriage of spouses to each other. Will of deceased spouse expressly provides otherwise.

EC §§ 123.001 & 123.002 Passage of voided gift: As if ex-spouse predeceased the testator.

Warning! Statute operates only upon a final divorce – not after filing or while pending. Thus, consider providing for this possibility in the will.