Why are celebrity deaths so fascinating? Is it because it gives us a glimpse into their lives that we would not otherwise have? The most recent celebrity death of Amy Winehouse is no different.
While I do not think I could identify her by photo or have that heard any of her songs, she has been in the news lately following her recent death. The newest article that I found mentions her Last Will. Not too many 27-year-olds have a Will, but then again most 27-year-olds don’t have a $16 million estate.
The gist of this article is how her Will specifically excludes her former husband as a beneficiary. Interestingly, under English law, divorce does not terminate a former spouse’s inheritance rights. In other words, it is necessary in England update your will after divorce. Otherwise, your ex-spouse will receive whatever gift was left to him or her in your estate planning arrangements.
The rules in Florida are a bit different. Divorce generally severs a former spouse’s right to receive an in gift under your Will. As with most laws, there are exceptions to this rule. For example, if you agree to include your former spouse as a beneficiary as a part of your marital settlement agreement, then your “old” Last Will’s provisions will still govern. In addition, a specific provision in your Last Will that states that your former spouse will continue to receive benefits will also be enforceable.
So what’s the point? We are always harping our clients to update their wishes as their lives change. Divorce certainly qualifies as one of those life events! If you are divorced or are in the midst of a divorce, be sure to review your estate plan to make sure that your wishes are current. This applies also to beneficiary designations on life insurance and retirement accounts. Changing your Will does not mean that your life insurance retirement accounts have been changed as well. Don’t forget to review and update those designations!
