How is a former spouse treated for purposes of revocation and distribution after divorce?

• A. Former spouse is treated as having predeceased the testator, and thus the disposition passes to the alternative beneficiaries.
• B. Former spouse is treated as surviving but cannot take.
• C. The will is invalidated entirely.
• D. The divorce only affects non-testamentary dispositions.

Answer: (A)

Divorce changes how a will operates for the ex-spouse: the former spouse is treated as having predeceased the testator for purposes of revocation and distribution. This wipes out any bequest to the former spouse, and the property then goes to the next named beneficiary or to the residuary estate as the will provides. If there’s no alternate beneficiary, the gift defaults to the next mechanism in the will or, if nothing else is provided, to the decedent’s heirs as if the former spouse never survived. The effect is not to invalidate the entire will, but to remove the former spouse from any testamentary plan and route the disposition to the next intended recipient. The same logic applies to any powers of appointment held by the former spouse.