I was asked today whether a bequest to a spouse is revoked if the couple gets divorced.
The answer is a resounding "Yes."
Not only is the bequest to the spouse revoked upon a divorce, but any other testamentary designation such as executor or trustee is also revoked. If, however, a divorced person WANTS to leave a bequest to his or her former spouse, they can do that. They may need to revise their Last Will after the divorce.
Since our law only addresses "divorce," I suppose a bequest to a spouse is valid if the testator dies the day before the divorce becomes final. So if you are separated and contemplating a divorce, you better call our office to revise your Last Will so that your "ex-spouse to be" does not inherit from you should the unthinkable happen before your divorce becomes final.
The question I'm uncertain about is, "What happens when you die and your ex-spouse was named as the beneficiary of your life insurance or retirement plan? Our Louisiana law addresses only provisions in a testament, but beneficiary designations are not testamentary dispositions. Perhaps the life insurance policy or the retirement plan document should have a provision revoking the designation upon divorce. Feel free to shed some light if you have some knowledge in this area?
Or what if your ex-spouse is still the beneficiary of your revocable living trust, and you don't amend your trust after your divorce?
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