If a testator divorces after executing their will, what is the effect on provisions made for the former spouse?

When a testator divorces after executing a will, the legal effect under Delaware law is that all provisions made for the former spouse are automatically revoked. This means that any bequests or entitlements that were designated to the ex-spouse in the will become ineffective upon the finalization of the divorce. This revocation serves to prevent an unintended inheritance by the former spouse and aligns with the general public policy to ensure that individuals do not benefit from relationships that have legally ended.

It is important to note that this automatic revocation applies universally to all provisions directed to the former spouse, rather than distinguishing between different types of gifts, such as monetary bequests versus other types of provisions. Thus, any expectations based on the former relationship would no longer apply unless the testator explicitly re-executes the will or creates a new will that includes the former spouse. This legal framework aims to simplify the estate planning process following significant life changes like divorce, ensuring that estate wishes are current and reflective of one's intentions after such changes.