Updating Your Will After Divorce in Pennsylvania

Pennsylvania automatically revokes some provisions favoring your ex-spouse when your divorce is finalized. But the protection is narrower than most people assume — it leaves significant gaps in powers of attorney, healthcare directives, and ERISA-governed accounts. Relying on the default rules without executing new documents is dangerous.

What Pennsylvania's Automatic Revocation Covers

Wills — 20 Pa.C.S. § 2507(2). Upon entry of the final divorce decree, any provision in your will that benefits your ex-spouse is automatically revoked. The will is read as though your ex-spouse predeceased you. If your ex was the sole beneficiary and no contingent beneficiary was named, your estate passes under Pennsylvania's intestacy rules — which may not match your wishes at all.

Revocable trusts — 20 Pa.C.S. § 6111.1. The same automatic revocation applies to revocable trusts. Provisions naming your ex-spouse as beneficiary or trustee are voided upon divorce.

The timing gap. Automatic revocation activates when the final decree is entered — not when you separate, not when you file for divorce, and not when grounds are established unless you die during pending proceedings after grounds were established under 23 Pa.C.S. § 3323(g). If you die during a lengthy separation before the decree is entered, your existing will provisions favoring your spouse remain fully enforceable.

The Power of Attorney Trap

Financial POA — 20 Pa.C.S. § 5605(c). Your spouse's authority under a financial power of attorney is automatically revoked the moment either party files a divorce complaint. This is an immediate trigger — faster than any other automatic revocation in Pennsylvania law.

The problem: this leaves you without an agent. If you become incapacitated during the divorce process, no one has legal authority to manage your finances unless you have executed a new POA naming someone else. Draft and execute a replacement financial POA as soon as divorce proceedings begin.

The reconciliation trap. If you and your spouse reconcile and dismiss the divorce action, the revoked POA is not reinstated. You must execute an entirely new power of attorney if you want your spouse to serve as agent again.

Third-party reliance. Under 20 Pa.C.S. § 5608, banks and financial institutions that rely on the old POA in good faith are protected from liability until they receive actual written notice of the divorce filing. This means your ex-spouse could potentially use the old POA at a bank that has not been notified — another reason to send written notice to every financial institution immediately.

Healthcare Directives: The Overlooked Gap

Healthcare POA — 20 Pa.C.S. § 5421. Unlike financial powers of attorney, a healthcare directive naming your spouse as your healthcare agent is not automatically revoked when divorce is filed. While a pending divorce removes your spouse from the default statutory priority list of healthcare decision-makers under 20 Pa.C.S. § 5461, an existing healthcare directive that explicitly names your spouse remains valid unless the document itself states otherwise.

Hospitals and medical providers will continue to rely on the document on file until they receive a new one. Execute a new healthcare directive and living will naming a trusted family member or friend as your agent, and deliver copies to your primary care physician and any hospital where you receive regular care.

What to Include in Your Post-Divorce Estate Plan

At minimum, execute these four documents:

A new will. Even though the old will's spousal provisions are automatically revoked, the resulting distribution may not reflect your wishes. Name specific beneficiaries, designate a guardian for minor children, and consider establishing testamentary trusts for children to prevent inheritance from being controlled by your ex-spouse as the surviving natural parent.

A new financial power of attorney. Name a trusted family member, friend, or professional fiduciary as your agent for financial decisions in case of incapacity.

A new healthcare directive. Name a healthcare agent and specify your medical treatment preferences.

Updated beneficiary designations. Separately update every retirement account, life insurance policy, and payable-on-death account — the will does not control these assets.

The Cost of a New Estate Plan

A basic will and POA package with a Pennsylvania attorney typically runs $500 to $2,500 depending on complexity. If you have minor children, significant assets, or want to establish trusts, expect the higher end. Some attorneys offer flat-fee estate planning packages specifically for post-divorce clients.

Do not postpone this to "when things settle down." The period immediately after divorce — when beneficiary designations may still name your ex, when your POA has been revoked by operation of law, and when your healthcare directive may still authorize your former spouse — is the highest-risk window.

The Pennsylvania After-Divorce Checklist includes an estate planning tracker that covers each document, the automatic revocation rules, and what needs manual action — so you can confirm every gap is closed.

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