In 2020, Mississippi joined other states to address what happens when there is a divorce such as a Will made prior to divorce. Prior to this, the Mississippi Supreme Court has upheld provisions in a Will for an ex-spouse. No More.

After divorce or annulment, or other declaration that a marriage is void, all provisions in the will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator had failed to survive the testator unless the Will expressly provides otherwise.

Also in regard to an irrevocable trust, all provisions in the will disposing of property to an irrevocable trust in which a former spouse or a relative of a former spouse who is not a relative of the testator is a beneficiary, trustee, another fiduciary, or holding a special power of appointment, shall not be effective. This is not true and the trust shall remain for ex-spouse, etc, if provided by court order, or an express provision of a contract relating to the division of the marital estate entered into between the testator and the testator’s former spouse before, during, or after the marriage.

A “surviving spouse” under the estate and trust provisions of Mississippi law shall have no effect if there was a divorce, annulment, or a declaration that the marriage is void, unless they were remarried and that marriage not void.

In reference to a revocable trust, the provisions for the former spouse, and relatives, shall not be valid unless by Court order, express terms of the trust or contract between the spouses regarding property rights upon divorce.

A bona fide purchaser for value, or payment, benefit, or property in partial or full satisfaction of an enforceable obligation from a divorced individuals former spouse (or relative), is not requires to repay or be liable for such transaction.

If married persons have both executed a single trust, the trustee shall divide the trust into two separate trusts and fund with property transferred to the original trust owned by only one person. This does not apply if contrary court order, agreement, or express provisions of the trust providing otherwise in the event of divorce, etc.

If a decedent established a P.O.D. account, T.O.D. account, or other multiple-party account and the decedent’s marriage was later dissolved by divorce, annulment, or a declaration that the marriage is void, any payable on request after death designation provision with respect to that account in favor of the decedent’s former spouse or a relative of the former spouse who is not a relative of the decedent is not effective as to that spouse or relative unless:

(1) The court decree dissolving the marriage designates the former spouse or the former spouse’s relative as the P.O.D. payee, T.O.D. payee, or beneficiary; or
(2) After the marriage was dissolved, the decedent redesignated the former spouse or the former spouse’s relative as the P.O.D. payee, T.O.D. payee, or beneficiary; or
(3) The former spouse or the former spouse’s relative is designated to receive the proceeds or benefits in trust for, on behalf of, or for the benefit of a child or dependent of either the decedent or the former spouse.

If such designation is not effective, a multiple-party account is payable to the named alternative P.O.D. payee, T.O.D. payee, or beneficiary or, if an alternative P.O.D. payee, T.O.D. payee, or beneficiary is not named, to the estate of the decedent.

A financial institution or other person obligated to pay such an account that pays the account to the former spouse or the former spouse’s relative as P.O.D. payee, T.O.D. payee, or beneficiary under a designation that is not effective is liable for payment of the account only if:

(1) Before payment of the account to the designated P.O.D. payee, T.O.D. payee, or beneficiary, the payor receives written notice at the home office or principal office of the payor from an interested person that the designation of the P.O.D. payee, T.O.D. payee, or beneficiary is not effective; and

(2) The payor has not interpleaded the account funds into the registry of a court of competent jurisdiction in accordance with the Mississippi Rules of Civil Procedure.

A former spouse is not prohibited from asserting an ownership interest in an undivided multiple-party account.

A disposition of a beneficial interest in a retirement benefit or other financial plan of a public retirement system is not effected by the multi-party accounts as provided above.