Estate Planning After Divorce in Connecticut

Connecticut's automatic will revocation statute is better than most states, but it still leaves dangerous gaps. If you rely on the defaults without reviewing your entire estate plan, your ex-spouse's relatives could inherit your assets, your former sister-in-law could serve as your children's guardian, and an outdated power of attorney could give your ex access to your bank accounts.

Here is what the law covers, what it misses, and what you need to fix.

What CGS § 45a-257c Does Automatically

When your Connecticut divorce is finalized, this statute automatically:

• Revokes any bequest or devise in your will to your ex-spouse
• Revokes any appointment of your ex-spouse as executor, trustee, conservator, or guardian
• Revokes any power of appointment granted to your ex-spouse
• Treats your ex-spouse as though they predeceased you

This happens by operation of law — you do not need to file anything or take any action for these revocations to take effect.

The Step-Relation Loophole

Here is what the statute does not do: it does not revoke provisions for your ex-spouse's relatives.

If your will names your former brother-in-law as a successor executor, that appointment stands. If it names a former stepchild as a contingent beneficiary, that bequest is active. If it names your ex-mother-in-law as an alternate guardian for your children, that nomination remains legally binding.

The only way to close this loophole is to execute an entirely new will that explicitly revokes all prior wills and codicils.

Powers of Attorney

Under CGS § 1-350i(b)(5), your ex-spouse's authority under a Power of Attorney terminates automatically when a dissolution action is filed — not when the divorce is finalized, but when the case is initiated.

The catch is the "good faith reliance" rule. Under CGS § 1-350i(d), this termination is ineffective against any third party (bank, brokerage, title company) that acts in good faith without actual knowledge of the divorce filing. If your ex-spouse walks into a bank with the original POA document, the bank is legally protected if it processes the transaction.

To eliminate this risk:

1. Execute a formal, notarized Revocation of Power of Attorney
2. Deliver copies to your ex-spouse
3. Deliver copies to every financial institution, brokerage, and title company where the POA was on file
4. If the original POA was recorded on town land records, record the revocation on the same land records

Revocable Living Trusts

Connecticut trust law does not apply the same automatic revocation rules that apply to wills. Revocable living trusts are governed strictly by the trust document's own terms.

If your revocable trust names your ex-spouse as a beneficiary, trustee, or successor trustee, those provisions remain active after divorce unless you formally amend the trust. A trust amendment must substantially comply with CGS § 45a-499oo.

If you created a joint revocable trust during your marriage, you likely need to terminate it entirely and establish a new individual trust.

Healthcare Proxy and Advance Directives

Your healthcare proxy (the person authorized to make medical decisions if you are incapacitated) is not covered by the automatic will revocation statute. If you named your ex-spouse as your healthcare agent, that designation may still be effective.

Execute a new healthcare proxy naming a trusted individual. Deliver copies to your primary care physician, your hospital, and any family members who would be involved in medical decisions.

The New Estate Plan Checklist

After your divorce, you need:

• A new will revoking all prior wills
• A new durable power of attorney
• A new healthcare proxy and advance directive
• Amendments to any revocable living trusts
• Updated beneficiary designations on all non-probate assets (life insurance, retirement accounts, POD accounts)
• A review of any irrevocable trusts to understand your rights and obligations

The Connecticut After-Divorce Checklist includes a complete estate planning overhaul section with tracking for each document update and beneficiary change.

See more Connecticut guides →