If after executing a will the testator is divorced or his marriage annulled, the divorce or
annulment revokes any disposition or appointment of property made by the will to the
former spouse, any provision conferring a general or special power of appointment on the
former spouse, and any nomination of the former spouse as executor, trustee, conservator
or guardian, unless the will expressly provides otherwise. Property prevented from
passing to a former spouse because of revocation by divorce or annulment passes as if the
former spouse failed to survive the decedent, and other provisions conferring some power
or office on the former spouse are interpreted as if the spouse failed to survive the
decedent. If provisions are revoked solely by this section, they are revived by the
testator's remarriage to the former spouse.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 450, sec. 4, effective July 13, 1990. -- Created
1982 Ky. Acts ch. 361, sec. 1, effective July 15, 1982.
Notes of Decisions
Winebrenner v. Dorten, 825 S.W.2d 836 (Ky. 1991).
· cites it 5× “This amendment became effective on July 15, 1982, as KRS 394.092, and in essence provided that a divorce or annulment would revoke only that portion of a will which provided for a former spouse.”
Welsh v. Robison, 702 S.W.2d 455 (Ky. Ct. App. 1986).
· cites it 4× “At the same session, the Legislature enacted KRS 394.092, which, in brief, provides that a Will made by a party later divorcing his spouse was revoked only with respect to any provisions in the Will regarding that spouse.”
Hughes v. Scholl, 900 S.W.2d 606 (Ky. 1995).
· cites it 2× “Appellant also notes that divorce removes a former spouse as beneficiary of a state employee's retirement annuity unless the employee redesignates the former spouse after the divorce.”
Knott v. Garriott, 784 S.W.2d 603 (Ky. Ct. App. 1989).
· cites it 2× “Probate Code does not contain a similar The above statute is not to be confused with KRS 394.092 6 which directs disposition of property left in a will to a former spouse.”
Fryxell v. Clark, 856 S.W.2d 892 (Ky. Ct. App. 1993).
· cites it 2× “095), and limiting the current statute (KRS 394.092) to wills executed after a certain date, which date was after the will at issue there was executed.”
— Ky. Rev. Stat. § 394.092(2) — 1 case
Welsh v. Robison, 702 S.W.2d 455 (Ky. Ct. App. 1986).
“At the same session, the Legislature enacted KRS 394.092, which, in brief, provides that a Will made by a party later divorcing his spouse was revoked only with respect to any provisions in the Will regarding that spouse.”
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