Wills

questions & answers

Question: My ex-husband died in 2017 and there was no will filed. We each had made a will out when married in 1987. We divorced in 1993 amicably. Is this will still valid?

Answer: Arizona Revised Statutes, Section 14-2804 states that dissolution of a marriage by a court order revokes any revocable distribution or appointment of property by a divorced person to a former spouse. That means because your ex had the right to change the beneficiary in the Will, it was a revocable distribution. The validity of the old Will would be considered in light of the statute.  Several Arizona cases have considered this issue in situations where a divorced person never changed the beneficiary on life insurance or an annuity from a former spouse to a new beneficiary.  The Arizona Appellate Court held that the former spouse had no interest in the policy.  See:  In the Matter of the Estate of Angelo Lamparello, Arizona Court of Appeals 2005.