Yes — you should almost always update your will after a marriage or divorce in New York, and in the case of divorce, New York law automatically rewrites parts of your will for you whether you act or not. Under New York’s Estates, Powers and Trusts Law (EPTL), a final judgment of divorce, annulment, or declaration of nullity automatically revokes any gift, fiduciary appointment, or power you granted to your former spouse — treating them as if they had predeceased you. Marriage, by contrast, does not automatically rewrite your will, but it dramatically changes who is entitled to your estate and what your spouse can claim. Either life event is one of the strongest signals that it is time to review, amend, or rewrite your will. This guide walks through exactly what changes, what New York does automatically, and the practical steps to make sure your documents reflect your real wishes.
Why Marriage and Divorce Matter So Much for Your Will
A will is a snapshot of your intentions on the day you signed it. Marriage and divorce don’t just add or remove a name from your life — they change the legal framework around your entire estate.
- Spousal rights attach upon marriage. A surviving spouse in New York has an elective share — the right to claim roughly one-third of the estate (or $50,000, whichever is greater) regardless of what your will says. Marrying someone changes the math of every gift you’ve planned.
- Divorce severs spousal benefits — but only the ones the statute reaches. New York automatically cancels gifts and appointments to an ex-spouse, but it does not automatically fix everything (more on the gaps below).
- Tax exposure shifts. A married couple can use unlimited spousal transfers; a divorced individual loses that planning tool. New York estate tax in 2026 has its own quirks that make precise drafting essential.
What New York Does Automatically After Divorce
When a divorce becomes final, New York law treats your former spouse as though they died before you for purposes of your will. That means the following are revoked by operation of law:
| Provision in your will | Effect after final divorce |
|---|---|
| Bequest or devise to your ex-spouse | Revoked — passes as if ex predeceased you |
| Naming ex-spouse as executor | Revoked — alternate executor steps in |
| Naming ex-spouse as trustee or guardian | Revoked |
| Power of appointment granted to ex-spouse | Revoked |
Two important cautions:
- A mere separation does not trigger this. Only a final judgment of divorce, annulment, or declaration that the marriage is a nullity counts. If you are separated but not divorced, your spouse keeps every right in your will — and the elective share.
- Non-probate assets often slip through. Life insurance beneficiary designations, retirement accounts (401(k), IRA), and “payable-on-death” accounts pass outside your will. The automatic-revocation rule does not reliably clean these up, and federal law can override state rules on certain retirement plans. You must change those beneficiary forms yourself.
Because the statute only sweeps so far, relying on automatic revocation is a trap. The cleanest path is to execute a new will or a codicil that affirmatively states your current wishes.
What Marriage Changes — And What It Doesn’t
Getting married does not revoke or rewrite your existing will in New York. If you signed a will leaving everything to your sister before you married, that will still controls — except that your new spouse can now assert the elective share against the estate. The result is often a messy split that matches neither your old plan nor your new life.
If you never had a will and you die married without one, your estate passes under New York’s intestacy rules in EPTL Article 4 to your closest next of kin — typically a sharing arrangement between your spouse and children. That default rarely matches what newlyweds actually want. Reviewing the basics of New York will requirements before and after marriage helps you understand exactly what your new spouse is and isn’t entitled to.
How to Properly Update Your Will in New York
You generally have two options, and both must satisfy New York’s strict execution formalities.
Option 1: Execute a Codicil
A codicil is a formal amendment to an existing will. It is ideal for a single, clean change — adding a new spouse as a beneficiary, naming a new executor, or removing an ex. A codicil must be executed with the exact same formalities as a will under EPTL §3-2.1:
- Signed by you (the testator) at the end of the document.
- At least two attesting witnesses, who must both sign within a single 30-day period.
- You must declare to the witnesses that the document is your will (this is called publication).
Option 2: Execute a New Will
When the changes are substantial — say, a marriage that reorganizes your entire estate plan — a fresh will is cleaner than stacking codicils. A new will should expressly revoke all prior wills and codicils. The execution rules are the same as above; for a deeper walkthrough of getting the signing right, see our guide to proper will execution.
Never amend a will by crossing out names or writing in the margins. Handwritten changes on a signed will are generally invalid in New York and can trigger litigation. Always use a properly executed codicil or new will.
For a broader picture of how all the pieces fit together, our will drafting overview explains the documents most New Yorkers need alongside their will.
Don’t Forget the New York Estate Tax (2026)
If your estate is sizable, marriage and divorce also reshape your tax planning. For 2026, New York’s basic exclusion amount is $7,350,000. New York has a notorious “cliff”: if your taxable estate exceeds 105% of the exclusion — $7,717,500 — you lose the entire exemption, not just the excess, and the whole estate is taxed at rates ranging from 3% to 16%. Divorce removes the unlimited spousal deduction from your toolkit, so a newly single person near the threshold needs careful planning to avoid going over the cliff.
Frequently Asked Questions
Does getting married automatically cancel my old will in New York?
No. Marriage does not revoke your existing will. The will stays in force, but your new spouse gains the right to an elective share — roughly one-third of the estate — regardless of what the will says. Updating the will is the only way to align it with your new wishes.
Does my divorce remove my ex-spouse from my will automatically?
Yes, for provisions inside the will. A final divorce judgment revokes gifts, executor appointments, and powers granted to your ex-spouse, treating them as if they predeceased you. It does not automatically update non-probate items like life insurance or retirement beneficiaries.
What if I’m separated but not yet divorced?
A legal separation does not trigger the automatic-revocation rule. Until a final judgment of divorce or annulment is entered, your spouse retains every right under your will plus the elective share.
Can I just handwrite the change on my existing will?
No. Marking up a signed will is generally invalid in New York and invites a will contest. Use a properly executed codicil or a new will that meets the EPTL §3-2.1 formalities.
Talk to a New York Estate Attorney
Marriage and divorce are exactly the moments when an out-of-date will causes the most harm. Whether you need a quick codicil or a complete rewrite, the team at Morgan Legal Group can make sure your estate plan reflects your life today and is executed correctly under New York law.
Schedule a consultation with Russel Morgan, Esq. at calendly.com/russel-morgan/30min or call (888) 529-1315 to review and update your will with confidence.
Further reading from Morgan Legal Group: New York will execution requirements.