New EPTL 5-1.4: Divorce now revokes testamentary substitutes
The effect of a divorce or annulment has been greatly expanded under an amendment to EPTL 5-1.4.Prior to the amendment, the dissolution of a marriage would only affect a disposition left in a will. Assets left in trust for the former spouse (”Totten Trusts”), life insurance where the spouse was a beneficiary, or even a power of attorney were not affected by a divorce. It was necessary for a former spouse to amend each of these instruments individually. The failure to do so would leave the former spouse as the beneficiary.
Under the new EPTL 5-1.4, a divorce or annulment automatically revokes these dispositions. Thus, if a spouse who forgets to amend his or her will following a divorce, the former spouse will no longer benefit from this oversight. Of course, it is still recommended to update a will after a divorce and to remove a spouses name off of any jointly held asset. But the new EPTL 5-1.4 will help protect individuals who forget to take these steps.
