Impact of Divorce on Will

The devise to the divorcee fails and becomes a part of the residue estate.

See MCL 700.2801 Effect of divorce, annulment, decree of separation, bigamy, and absence.

This law proves that an individual who is divorced from the decedent is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of death.

See also MCL 700.2807 Revocation upon divorce; revocation by other changes of circumstances.

This law provides that divorce revokes a disposition of property made by a divorced individual to his former spouse or their relative in a governing instrument. It also revokes any fiduciary nomination of the former spouse.

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