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Pennsylvania Estate Law Library

Divorce Following a Will
Unless a will specifically states otherwise, Pennsylvania voids all will provisions in favor of an ex-spouse.  This includes all testamentary gifts, as well as any fiduciary appointments to roles such as executor and trustee.

These will provisions are simply interpreted as though the ex-spouse did not survive the testator.

All testamentary gifts to the ex-spouse will be given to alternate beneficiaries or, if none, will pass by Pennsylvania's intestacy laws. Similarly, any alternate executor or alternate trustee named to follow the ex-spouse for either of these roles will be appointed.

Divorce also removes the ex-spouse's right to claim an elective share of the former spouse's estate.

See: Marriage Following a Will; Children Born After a Will; Children Born Out of Wedlock