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Divorcing erases what you left your spouse, without touching the will

Last reviewed: September 12, 2026 — VerifiedPoder Judicial

In short

Many people divorce and never look again at the will they made while married. Article 1714 deals with exactly that, in one sentence: the dispositions in favour of the spouse are revoked if, at the testator’s death, the nullity of the marriage is judicially declared or a divorce has been decreed. It is worth taking apart, because every piece matters. First: the revocation is automatic. The article says they are revoked, and asks nothing of the testator; no new will is needed for it to operate. Second: the moment that counts is the testator’s death. Not the will’s date, nor the filing’s. If at death a divorce stands decreed, the article operates, and it carries no exception for a couple who reconciled without remarrying; none is added here. Third: what falls are the dispositions in favour of the spouse, not the whole will. Everything else you said stands. And fourth, the part most people need to know: the article names two triggers and only two, a judicially declared nullity of the marriage and a decreed divorce. Separation is not named. A couple living apart for years with no decree falls outside the article as written, and this guide says so rather than guessing. What the article also does not say — and is not invented here — is what happens to the revoked share: whether it accrues to the others, goes to the intestate succession, or anything else.

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What is it?

It is Article 1714 of the Civil Code of 2020: the rule that revokes on its own, with no act by the testator, what a will left the spouse when at death a divorce is decreed or the marriage’s nullity declared.

Who can do it?

Anyone divorced or whose marriage was annulled who made a will while married, and any heir facing a will that favours a former spouse.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Look at what exists at the testator’s death

    Article 1714: the date that counts is the death, not the will’s nor the filing’s.

  2. Step 2: A decreed divorce

    If at that date a divorce has been decreed, the dispositions in favour of the spouse are revoked.

  3. Step 3: Or a declared nullity

    The same if the marriage’s nullity is judicially declared. Those are the only two triggers the article names.

  4. Step 4: It happens on its own

    The article says they are revoked. No new will need be executed and nothing crossed out.

  5. Step 5: Only that part falls

    What is revoked are the dispositions in favour of the spouse. The rest of the will stands.

  6. Step 6: Separation is not named

    The article speaks of a decreed divorce and a declared nullity. Living apart with no decree falls outside its text.

  7. Step 7: And what becomes of that share, it does not say

    The article does not say whether it accrues to the others, goes to the intestate succession, or anything else. It is not filled in here.

Where to do it

This article describes no procedure before any agency: it operates on its own, by the judgment existing at the testator’s death. The divorce process before the court has its own guide on this site. The Code does not say here what becomes of the revoked portion, whether the testator may prevent the revocation by saying so expressly, or what happens with a will executed after the divorce in favour of the former spouse. None of those gaps is filled here.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If you divorced and never changed the will you made while married, Article 1714 has already done one concrete thing for you: what you left your spouse is revoked, with nothing for you to execute. But do not treat that as an estate plan. The article only deletes those dispositions; it does not distribute what came free, and it does not say where it goes. That is answered by the rest of the Code, not by this article, so if you want to control where it lands, it has to be written. Check the date too: what counts is that at your death a decreed divorce or a declared nullity exists. A decreed divorce is still decreed even if you reconciled afterwards, and the article carries no exception for that. And if you are separated but with no decree, the article does not apply: it names divorce and nullity, and does not name separation. If you are an heir and a will turns up favouring a former spouse, the order of questions is this: was there a divorce or nullity judgment when the decedent died, and which clauses favour the spouse and which do not? Only the first ones fall. Three things the Code does not answer here and this guide does not invent: what becomes of the revoked portion, whether the testator can shield it by saying so expressly, and what happens with a will made after the divorce in favour of the former spouse. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Believing a new will must be executed for divorce to have that effect: Article 1714 revokes on its own.
  • Thinking divorce voids the whole will: it revokes the dispositions in favour of the spouse.
  • Counting on separation being enough: the article names a decreed divorce and a declared nullity, not separation.
  • Measuring the effect by the will’s date: the article looks at the testator’s date of death.
  • Assuming a later reconciliation revives what was revoked: the article carries no such exception.
  • Taking for granted the revoked portion goes to the children: the article does not say where it goes.
  • Treating the article as an estate plan: it only deletes, it does not distribute.
  • Applying it to a will executed after the divorce: the article does not address that case.

Frequently asked questions

I divorced and the will still leaves everything to my ex. Does it hold?

Article 1714 revokes the dispositions in favour of the spouse if at the testator’s death a divorce has been decreed.

Must I make a new will for that?

The article does not require it: it says those dispositions are revoked, asking no act of the testator.

We are separated but not divorced. Does it apply?

Article 1714 names a decreed divorce and a judicially declared nullity. It does not name separation.

Who gets what was revoked?

The article does not say. It only revokes those dispositions, and does not indicate whether they accrue to the others or pass to the intestate succession.

Official sources

These are the government pages this guide is based on.

Last verified

September 12, 2026

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