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What is the effect of divorce upon my Will?

Colorado law has wisely determined that a divorce or annulment revokes will provisions in favor of the former spouse. Colorado Revised Statutes 15-11-804 (2) provides that a divorce or annulment revokes any gifts to a former spouse and the appointment of the former spouse as well as personal representative, trustee, conservator, guardian, or agent. It also severs any joint tenancy property and commutes it into tenancy in common.

The law treats the former spouse and relatives of the former spouse as if they had died immediately before the divorce or annulment.

This statute can affect the beneficiary designations of life insurance policies; however, if the life insurance policy has been issued pursuant to federal regulations then federal law controls and C.R.S. 15-11-804 (2) is insufficient to defeat the claim of a divorced spouse who is still named as the beneficiary in a life insurance policy.

If the parties were to remarry each other, then these provisions are revoked.