Tennessee Code Annotated
Tenn. Code Ann. § 32-1-202 (2026)
Revocation by divorce or annulment
✓ current as of May 2026
- (a) If after executing a will the testator is divorced or the testator's 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.
- (b) 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 but § 32-3-105 shall not apply. Other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent.
- (c) If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse.
- (d) For purposes of this section, divorce or annulment means any divorce or annulment that would exclude the spouse as a surviving spouse within the meaning of § 31-1-102(b). A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.
- (e) No change of circumstances other than as described in this and § 32-1-201 revokes a will.
Acts 1985, ch. 139, § 2.
Notes of Decisions
Cited in 8
cases, 1993–2018 · leading case: In Re: The Est. of Wanda Jeanne Starkey, 556 S.W.3d 811 (Tenn. Ct. App. 2018).
In Re: The Est. of Wanda Jeanne Starkey, 556 S.W.3d 811 (Tenn. Ct. App. 2018). “” See Tenn. Code Ann. § 32-1-202 (e). As the Administrator and the LLS seem to acknowledge, the legislature’s intention turns on the meaning of the phrase “change of circumstances.”
In Re Walker, 849 S.W.2d 766 (Tenn. 1993). “The proper construction of T.C.A. § 32-1-202 (Supp.1992) and its application to the facts of this case require that the decision of the Court of Appeals and the trial court be affirmed.”
In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 32-1-202(e). The method of revocation at issue in the present case is revocation by physical destruction.”
In Re Est. of Lamparella, 109 P.3d 959 (Ariz. Ct. App. 2005). “84, § 114 (2005); Tenn.Code Ann. § 32-1-202 (2004); Tex. Fam.”
In Re: Est. of James H. Williams (Tenn. Ct. App. 2003). “Tenn. Code Ann. § 32-1-202 (a). Thus, if the divorce was valid, the bequests to Kathryn Williams were revoked, and Ms.”
Billingsley v. Est. of Seeber, 939 S.W.2d 579 (Tenn. Ct. App. 1996). “The facts in this case were stipulated, but the parties disagree over the effect of the divorce and application of T.C.A. § 32-1-202 to her will. The Trial Court determined that summary judgment was appropriate.”
In Re Est. of Joseph Owen Boote, Jr. (Tenn. Ct. App. 2005). “Tenn. Code Ann. § 32-1-202 (e). The method of revocation at issue in the present case is revocation by physical destruction.”
The Est. of Charles Thomas Mccraw v. JoAn Likins (Tenn. Ct. App. 2009). “The parties further agree that this provision of the parties’ Marital Dissolution Agreement is not effected by Tennessee Code Annotated § 32-1-201, Tennessee Code Annotated § 32-1-202, or any other law to the contrary.”
— Tenn. Code Ann. § 32-1-202(e) — 2 cases
In Re Est. of Boote, 198 S.W.3d 699 (Tenn. Ct. App. 2005). “Tenn.Code Ann. § 32-1-202(e). The method of revocation at issue in the present case is revocation by physical destruction.”
In Re: The Est. of Wanda Jeanne Starkey, 556 S.W.3d 811 (Tenn. Ct. App. 2018). “” See Tenn. Code Ann. § 32-1-202 (e). As the Administrator and the LLS seem to acknowledge, the legislature’s intention turns on the meaning of the phrase “change of circumstances.”
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