Explaining Divorce and Wills Issues | Men's Legal Center | San Diego


A California divorce not only divides a marital estate into two separate legal entities, but it also requires several steps to be taken to make sure that no serious problems arise in the future.  One of the more overlooked aspects of a California divorce is handling the estate planning issues that often arise.  Overall, anyone who is in this position must make sure that he has protected his own legal interests and those of his intended heirs.  The best way to handle this is to obtain the help of experienced San Diego divorce lawyers.  Below is a brief overview of what should be done to make sure that any will that’s in place is properly adjusted.

The Nature of Wills

Wills are the most popular instruments used to help plan someone’s estate, as they specify which assets should go to which beneficiaries, and they are also generally the simplest estate planning instruments to complete.  Therefore, many people have an established will in place, especially if they have children that they want to take care of after they pass.

California Divorce and Wills

Generally, there are some changes that will automatically take place that directly affect the terms of a will when a California divorce is finalized.  These terms that change involve the automatic revocation of any terms that directly benefit the ex-spouse, as California law recognizes that the spouse who executed the will would want those provisions changed.  However, this automatic revocation of these terms should not lead anyone to assume that the will is still sound and proper in terms of how the assets will be distributed.

When a divorce automatically revokes the terms of a will that benefit an ex-spouse, California law does not go so far as to dictate how those terms should be adjusted.  Therefore, if the person who originally executed the will does not make specific changes to the instrument, it could lead to the assets that were at one time meant to pass to the ex-spouse pass into a residuary clause if one is present in the will.  If no such residuary clause is present, that could lead to the property passing to intestate heirs.  Intestate heirs are those that are deemed by the law to be the rightful heirs, but those laws do not necessarily reflect the intent of the person who is conferring the property to others.

How San Diego Divorce Lawyers Can Help

If you are facing the prospect of a divorce and you want to make sure that all of the details that could relate to this process are properly handled, you need to seek the help of San Diego divorce lawyers who have helped many husbands and fathers work through this process successfully.  Contact the Men’s Legal Center today to schedule an initial consultation.

Share It

Call us at (619) 234-3838

Skip to content
CTA Mobile CTA Email
(619) 234-3838