Wills, Trusts, and Estates


UPC § 2-804 and nearly all states provide a presumption that a divorce revokes any provisions in a will giving to the former spouse. This includes Virginia. VA Code § 64.2-412.

The UPC also revokes as to all of the former spouse's relatives. Virginia does not.

UPC § 2-804 is not the majority rule.

Most states do not change life insurance beneficiaries on divorce. Divorce lawyers should be sure to get policies changed.

UPC § 2-804 would, but this is not commonly adopted.