Marriage is on everyone’s mind with the recent ruling of the Supreme Court concerning same-sex marriage. Yet, two decisions in the past month from the surrogate’s court have explored the other side of marriage—divorce and its potential revocatory effect on an estate plan. This article reviews several decisions that provide guidance for matrimonial and estate practitioners when advising divorced and divorcing clients.
EPTL 5-1.4
Pursuant to New York Estates, Powers and Trusts Law (EPTL) §5-1.4, unless the will expressly states otherwise, divorce, judicial separation, or annulment of a marriage revokes all dispositions or appointments of property made by the divorced spouse to a former spouse. The former spouse is treated as having predeceased the testator. This means any bequests to the former spouse, the nomination of the former spouse as executor or trustee and any appointments of property in his or her favor under a power of appointment are revoked.1
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