Here is how an uncontested divorce in Virginia can affect your estate plan and what steps are worth taking next. Contact Pedersen Law, PLLC today.
An uncontested divorce can feel like a clean break. The paperwork is signed, the court approves the agreement, and you are ready to focus on what comes next. But for many people in Williamsburg and throughout Virginia, there is one important piece that gets overlooked after divorce: the estate plan.
Maybe your will still names your former spouse. Maybe your power of attorney does too. Or maybe you created your estate plan years ago and have not looked at it since. After a divorce, even an uncontested one, those documents deserve careful attention.
Here is how an uncontested divorce in Virginia can affect your estate plan and what steps are worth taking next.
An uncontested divorce means both spouses agreed on key issues like property division, support, and custody. While this can make the divorce process smoother, it does not automatically clean up your estate plan.
Estate planning documents often name a spouse in multiple roles. These can include beneficiary, executor, trustee, or decision-maker if you become incapacitated. Divorce changes those relationships, but not always in the way people expect.
Under Virginia law, divorce generally revokes provisions in a will that benefit a former spouse. This includes gifts to that spouse and their appointment as executor, unless the will clearly says otherwise.
That protection helps, but it is not a replacement for updating your will. Your will may still reference your former spouse by name, contain outdated instructions, or fail to reflect how you want assets handled now.
If you pass away without updating your will, the results may not match your intentions, especially if you want to adjust inheritances for children, family members, or new beneficiaries.
Some assets do not pass through a will at all. Life insurance policies, retirement accounts, and payable-on-death bank accounts rely on beneficiary designations.
Virginia law generally revokes beneficiary designations in favor of a former spouse after divorce, but relying on automatic rules can still create confusion or delays. Updating these designations gives clarity and avoids disputes.
It also allows you to confirm that the right people are protected if something happens to you.
Many estate plans name a spouse as the person who can handle finances or make medical decisions if you cannot. In Virginia, divorce usually revokes a former spouse’s authority under a power of attorney or advance medical directive, unless the document states otherwise.
Even so, these documents should be reviewed and updated. Choosing someone you trust now helps ensure decisions are made by the right person, at the right time, with clear instructions.
Trusts are not automatically changed by divorce. If you have a revocable trust that names your former spouse as a trustee or beneficiary, those provisions may still be in effect.
Trust language can be complex, and small details matter. Reviewing trusts after divorce helps avoid unintended outcomes and keeps your estate plan aligned with your current goals.
Virginia estate planning laws have specific rules that interact with divorce in ways that are not always obvious. Working with a Williamsburg estate planning attorney allows you to address these issues with a clear understanding of state law and local court practices.
Every estate plan is different. The right updates depend on your family, assets, and future plans.
Pedersen Law, PLLC helps individuals and families in Williamsburg review and update estate plans after divorce. Whether you need a new will, updated powers of attorney, or changes to beneficiary designations, the focus is on practical guidance and clear next steps.
Divorce marks a new chapter. Your estate plan should reflect that reality.
If you recently finalized an uncontested divorce or are in the process of one, now is the time to review your estate plan. A Williamsburg estate planning attorney at Pedersen Law, PLLC can help you understand what needs to change and why it matters.
Contact Pedersen Law, PLLC today to discuss your estate plan and make sure it reflects your life today, not your past.
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