Does Divorce Disinherit if the Will Was Made before They Got Married?
It is typical for couple to name each other as the primary beneficiaries of their wills. Although that may be their plan and marriage is intended to be a life-long bond between man and woman, divorce does unfortunately happen, and people don't always prioritize updating their wills. Illinois law therefore says that the dissolution of a marriage revokes every legacy given to the former spouse in a will made before the divorce. 755 ILCS 5/4-7.
However, it happens that couples were genuine platonic friends before and after their marriage to each other. If the will was made before marriage and therefore obviously not based on being married, does the divorce still revoke it?
The law unquestionably says, "yes". There is no exception based on when the will was made:
Accordingly, we […] hold that the revocation by divorce provision of the Act applies to a disposition to a former spouse, whether the testator executed his will before or after marriage to the beneficiary.
Forrest v. Dagenais (In re Estate of Forrest), 302 Ill. App. 3d 1021, 1026, 706 N.E.2d 1043, 1046 (3rd Dist. 1999).
If that is not the result they want, they should make new wills after the dissolution. If you are in Illinois, we would love to help with your estate planning needs.