If a will is executed by a testator and
then the testator becomes subsequently divorced or the marriage is annulled
then that event revokes any benefits for the former spouse under the will. T.C.A.
§ 32-1-202(a) provides as follows:
(a) If after
executing a will the testator is divorced or the testator's marriage annulled,
the divorce or annulment revokes any disposition or appointment of property
made by the will to the former spouse, any provision conferring a general or
special power of appointment on the former spouse, and any nomination of the
former spouse as executor, trustee, conservator or guardian, unless the will
expressly provides otherwise.
Interestingly, if the individuals remarry
and the provisions were revoked solely by T.C.A.
§ 32-1-202, then the provisions of the will are revived by the subsequent
remarriage. Additionally, under T.C.A.
§ 32-1-202(d) a decree of separation does not actually terminate the actual
status of husband and wife and is not considered a divorce for purposes of this
section. This sections provides:
(d) For purposes
of this section, divorce or annulment means any divorce or annulment that would
exclude the spouse as a surviving spouse within the meaning of § 31-1-102(b). A
decree of separation that does not terminate the status of husband and wife is
not a divorce for purposes of this section.
Obviously, this
statute needs to be considered anytime there is an individual who dies who has
been divorced when they still have any provision for their ex-spouse in their
will.
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