After a family member dies, you may find a will they signed before getting divorced. If it still leaves property to a former spouse, you may wonder whether that gift remains valid.
In Florida, a final divorce generally cancels the parts of a will that benefit a former spouse. The divorce does not usually invalidate the rest of the will.
What divorce does to the old will
Florida does not cancel the entire will when a marriage ends. Instead, state law voids terms that affect the former spouse. The law then treats that person as if they died when the divorce became final.
This rule changes who may receive property that the will originally gave to the former spouse. If the will names someone else to receive the gift, that person may inherit it instead. If it does not, the rest of the will and Florida inheritance law determine what happens to the property.
The divorce does not cancel unrelated parts of the will. Gifts to children, relatives or other beneficiaries can still remain valid.
When an old gift can still remain
Florida law provides several exceptions to the usual rule. A former spouse can still receive a gift if the person made that part of the will after the divorce.
The gift can also remain valid if the will specifically says divorce will not cancel it. A divorce judgment can preserve the gift as well if it says so directly. For that reason, the dates and wording of both documents can become important in a dispute.
Reviewing the records
You may want to compare the will with the final divorce judgment and note when each document took effect. Consider checking for a later will or codicil that changes the earlier terms. Gathering those records can help you understand who may inherit and review your options if a conflict develops.