MBE Rules · Wills, Trusts & Estates
Revocation by Dissolution
Cal. Prob. Code § 6122
The rule
Dissolution or annulment revokes testamentary provisions and fiduciary nominations in favor of the former spouse (and nonprobate transfers under § 5040), unless the instrument provides otherwise; remarriage to the ex revives them.
In plain English
When a couple gets divorced or their marriage is annulled, any wills or trusts that name the former spouse as a beneficiary or fiduciary are automatically revoked. However, if the will or trust specifically states otherwise, those provisions may still be valid. If the couple remarries, the original provisions are revived.
Worked example
Jane and Tom were married and Jane named Tom as the beneficiary of her will. After their divorce, Jane's will automatically revoked the provision naming Tom as a beneficiary. If Jane later remarries Tom, the original provision naming him as the beneficiary is revived.
Memory hook
Divorce erases your ex from your will, but remarriage brings them back!
The trap
Students often overlook the exceptions provided in the will or trust that can keep the former spouse as a beneficiary despite the dissolution. They may also confuse the automatic revocation with other types of changes in estate planning.
How examiners test it
Questions often present a scenario involving divorce and ask about the status of testamentary provisions, testing the candidate's understanding of automatic revocation and the impact of remarriage.
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More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Trustee Removal · Cal. Prob. Code § 15642
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414