Wills, Trusts, and Estates

Divorce

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.

Virginia does presumptively change life insurance on divorce. VA Code § 20-111.1.

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