Does Divorce Automatically Revoke a Will in Tennessee?

Divorce changes a lot, and your estate plan sits near the top of that list. At Foust & Foust, PLLC, we focus on estate planning, probate, and trust administration for Tennessee families daily. We care about keeping your plan clear, up-to-date, and aligned with your goals. In this article, we explain how divorce affects your will in Tennessee, as well as what to address outside the will to ensure your wishes are carried out.

Tennessee Law: Revocation of Will Provisions Upon Divorce

In Tennessee, divorce or annulment generally wipes out any gift to a former spouse that appears in your will. It also cancels their legal roles named in your will. The rule comes from Tennessee Code § 32-1-202.

Here is what gets revoked by law once a divorce or annulment is final, unless the will clearly says the statute does not apply:

• Any gift or share under the will for the former spouse.
• Any general or special power of appointment you gave the former spouse.
• Any nomination of the former spouse to serve as executor, trustee, conservator, or guardian.

With that baseline in mind, you can still choose different outcomes, but you must write them plainly in the will itself.

Exceptions: When a Will Overrides Automatic Revocation

The statute steps aside if the will says the divorce revocation rule does not apply. That means you can keep a former spouse as a beneficiary or in a fiduciary role. Yet, the will must state that choice outright. If you remarry your former spouse, Tennessee Code § 32-1-202(c) revives the provisions that were canceled only by the divorce.

People sometimes intend to retain parts of the plan for a former spouse, such as a minor request or a role tied to their minor children. If that is your intent, the language should be unmistakable.

What Happens to the Property?

Once a divorce revokes a former spouse’s gift in a will, your property passes as if that person died before you. This ensures the plan is passed to the next beneficiary named in your will. Tennessee Code § 32-1-202(b) also says § 32-3-105 does not apply to this situation.

In plain terms, your back-up provisions control. If you lack a back-up, the court looks to your other will terms or, if needed, Tennessee’s intestacy rules.

Important Considerations: Beyond the Will

The automatic revocation statute only touches wills. Other documents and accounts often carry the bulk of a person’s wealth. You will want to review each area below so that your plan aligns after a divorce.

To make the overview easier to scan, here is a quick comparison before we get into each topic.

Now let’s look at each category in a bit more detail to avoid gaps that could send assets in the wrong direction.

Trusts

Divorce does not automatically change the terms of a revocable or irrevocable trust. A trust follows its own document and any written changes that the trust allows. Plan a full review so the right people inherit and the right person serves as trustee.

If your former spouse is a trustee or beneficiary, decide whether to maintain the current setup or amend the trust. Then sign any needed trust amendments and retitle assets if changes require it.

Powers of Attorney

The healthcare authority for a former spouse terminates automatically under Tennessee law. A financial power of attorney does not cancel on its own. That means an ex could still act on your bank or property matters if you leave the document in place.

Sign a new financial power of attorney and revoke the old one in writing. Share the new document with your bank and advisors so everyone uses the correct paperwork.

Advance Directives

If your advance medical directive or health care power of attorney lists a spouse, divorce removes the former spouse’s authority. Still, a clear update avoids confusion during a hospital event. It is smart to name at least two alternates who can step in if your first pick cannot serve.

Keep a copy on file with your doctor and your chosen agents. A short cover letter helps them know this is the most recent version.

Beneficiary Designations

The divorce revocation statute does not change beneficiary designations on life insurance, annuities, IRAs, or payable-on-death accounts. These are contracts, and only a new beneficiary form changes the payout. Many workplace plans, including 401(k) plans, follow federal rules under ERISA, so the plan’s paperwork is governed accordingly.

Take time to update all forms after a divorce. This list often gets long, so here are common spots people miss:

• Group life insurance through an employer and any personal life policies.
• Old IRAs at previous banks, and rollover accounts from past jobs.
• Payable-on-death designations on checking, savings, or brokerage accounts.

Once you submit the new forms, ask for written confirmation from each company. A quick scan a few months later helps catch anything that slipped through.

After addressing the documents above, refine your plan with a few quick steps. These tasks keep your plan clean and prevent mixed messages.

• Update your will, trusts, and all power of attorney documents.
• Name alternates for each role, not just your first choice.
• Retitle real estate or accounts if your divorce decree requires it.

Minor updates now can prevent costly delays for your family later on.

Separation vs. Divorce: What’s the Difference?

A formal separation does not cancel will provisions for a spouse. Only a divorce or annulment triggers the revocation of the will described in Tennessee Code § 32-1-202. The statute defines divorce or annulment by reference to § 31-1-102(b), which explains the circumstances under which a person is not considered a surviving spouse.

Once your divorce is final, update your will immediately. This helps your assets pass to the people you choose, with no guesswork for a court.

Need to Update Your Estate Plan? Contact Foust & Foust, PLLC

If a divorce is behind you, a focused review of your plan brings real peace of mind. We help Tennesseans rewrite wills, update trusts, and fix beneficiary forms after major life changes. Feel free to call us at 865-203-4041, email contact@foustlaw.com, or reach us through our Contact Us page. We welcome your questions and work hard to protect your wishes and your family’s future.