It’s a scenario that comes up more often than you might think: A couple gets divorced, and years later, one of them passes away without updating their will. In many cases, the will still names the former spouse as the primary beneficiary. So, what happens then?
In Texas, the law has a built-in safeguard to address this situation, but there are important nuances to understand.
The Law Automatically Removes Your Ex
Under Texas Estates Code Section 123.001, a divorce automatically revokes any provisions in a will that favor the ex-spouse. This includes gifts, appointments as executor, trustee, or guardian unless the will expressly states otherwise. In other words, if you get divorced and don’t update your will, your ex-spouse will be treated as if they predeceased you—effectively removing them from the will.
This statutory rule is helpful, especially since many people don’t remember to update their estate plans during or after a divorce. It provides a safety net by aligning the law with what most people would have wanted anyway.
A New Will After Divorce Changes Everything
While the law removes an ex-spouse from the will by default, there's an exception: if a new will is executed after the divorce, and it still includes the ex-spouse, then the ex can take under the will. This reflects a clear intent by the decedent to include the former spouse despite the divorce. So if your relationship remains strong or you want to provide for your ex-spouse for any reason, it’s crucial to create a new will after your divorce that says so explicitly.
This came up in a real-world case at our firm recently, where a woman had remained close with her ex-husband. When he passed away, she had an updated will from him naming her as the sole beneficiary—executed after the divorce. In that case, she inherited under the will.
Why You Should Still Update Your Estate Plan
Although Texas law steps in to remove ex-spouses from old wills, it’s not a substitute for proper estate planning. Divorce often changes your financial picture, family dynamics, and priorities. You should also review and update:
- Beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts.
- Powers of attorney and medical directives.
- Guardianship designations if you have minor children.
Texas law doesn’t automatically update all of these other instruments, so failing to revise them could lead to outcomes you didn’t intend.
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