What effect does a subsequent marriage, divorce or child have on a will?

If you make a will and subsequently get married and do not change your will, then the spouse has statutory provisions that automatically apply to her. She gets a homestead, she gets elective share, she may get a family allowance, she may get exempt property, and there may be other benefits. If you have a subsequent divorce and you have not changed your will, then Florida statute provides that the court strikes out all provisions related to the ex-wife or ex-spouse, and that he or she is treated as pre-deceasing the decedent.

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