Proposed legislation introduced in the New York State legislature this year would address both situations. It would continue to revoke dispositions to divorced spouses. Those to relatives of ex-spouses would be presumed to be revoked, though the proposal would allow the possibility to introduce evidence showing that the decedent intended those dispositions to take effect, even in light of the divorce.
Klein said spouses who are still in the process of getting divorced would not be able to rely on state default law to revoke bequests to an ex-spouse. “In order for a statutory presumption to apply, there must be a formal decree or judgment ending the marital relationship,” she said. That’s one reason why clients should ensure their planning documents reflect their intent, she added.