What the rule says
When an Illinois resident divorces, most people assume their former spouse is automatically removed from their estate plan. In Illinois, that assumption is wrong for wills. Under 755 ILCS 5/4-7, divorce does not automatically revoke provisions in an existing will that name the former spouse as executor, trustee, or beneficiary. Those designations remain legally valid unless the will itself is revoked, or a new will is executed that removes or changes them.
This is one area where Illinois diverges from many other states. Some states have automatic revocation statutes that treat divorce as nullifying any testamentary provision in favor of the former spouse. Illinois does not. An ex-spouse named in an Illinois will before the divorce remains named after the divorce unless the decedent took affirmative steps to change that.
What this means in practice
The consequences can be significant. If an Illinois resident dies with an unrevoked pre-divorce will:
- The former spouse may still serve as executor, with authority to administer the estate, pay debts, and distribute assets. - Any assets specifically left to the former spouse in the will — real property, personal property, bank accounts subject to the will — still pass to that person. - The former spouse may retain trustee authority over assets held in trust under the will.
Courts do not inquire into whether the deceased intended to benefit the former spouse. The will is a legal document; if it names someone, that designation governs unless the document is changed.
Non-probate assets compound the issue. Life insurance policies, retirement accounts (401(k), IRA), and payable-on-death bank accounts pass by beneficiary designation — completely outside the will. Illinois has no automatic divorce-revocation rule for those designations either. An ex-spouse named as beneficiary on a life insurance policy remains the beneficiary until the policy owner changes the designation directly with the insurer.
What you can do about it
After a divorce in Illinois, the only reliable way to remove a former spouse from your estate plan is to act affirmatively on every document and designation where they appear:
1. Execute a new will that either replaces the prior will entirely or explicitly revokes it. A handwritten note or verbal statement is not sufficient under Illinois law. 2. Update beneficiary designations on all non-probate accounts: life insurance policies, IRAs, 401(k)s, HSAs, and payable-on-death bank accounts. Each requires a separate update directly with the financial institution or insurer. 3. Review any trust instruments that name the former spouse as trustee or beneficiary. Trust amendments require following the trust's own amendment procedures. 4. Check durable powers of attorney (financial and healthcare). A former spouse named as agent under a power of attorney retains that authority in Illinois post-divorce unless the document is revoked.
The update process cannot be done in a single step. Each document has its own requirements, and financial institutions have their own procedures for beneficiary changes. Coordinating all of them promptly after a divorce is the only way to ensure the estate plan reflects your current intentions.
Who this affects most
This rule is most consequential for:
- Anyone who has divorced after creating an estate plan that named their spouse - People who created a will early in a marriage and have not revisited it since - Those with significant non-probate assets (retirement accounts, life insurance) where beneficiary designations may not have been updated after divorce
Illinois law does not protect a divorced person from inadvertently leaving assets to a former spouse. The responsibility to update documents rests entirely with the individual.