When to Update Your Delaware Estate Plan: Marriage, Divorce, and Other Life Changes

An estate plan isn't something you create once and forget. Major life events can render parts of your plan outdated, incomplete, or actively working against your intentions. Delaware law has specific statutory rules that change how your documents operate after marriage, divorce, and other transitions — some of which may surprise you.

After Getting Married

Marriage is the most common trigger for an estate plan update, and Delaware law underscores why.

New spousal rights activate immediately. The moment you marry, your spouse gains statutory rights to your estate — including a $7,500 spousal allowance and the right to claim an elective share equal to one-third of your augmented estate. These rights exist regardless of what your will says, and they apply to assets acquired both before and during the marriage.

A pre-marriage will doesn't automatically cover your spouse. If your will was drafted before the marriage and doesn't mention your new spouse, Delaware's "pretermitted spouse" statute may entitle them to a share of your estate as if you had died without a will — potentially overriding the distribution you intended.

Update your beneficiary designations. Retirement accounts, life insurance, and bank accounts with named beneficiaries pass directly to whoever is listed — not to whoever your will names. If your ex-partner or a parent is still listed as your 401(k) beneficiary, your new spouse will not receive those funds unless you update the designation.

Review your powers of attorney. Most people want their spouse to serve as their financial and health-care agent. If your existing documents name someone else, update them.

After Divorce

Delaware law provides some automatic protection after divorce, but it doesn't cover everything.

Will provisions favoring your ex-spouse are revoked by operation of law. Under 12 Del. C. § 209, any provision in your will that benefits a former spouse is treated as if the ex-spouse predeceased you — effectively removing them from your will without you having to amend it. This also applies to the nomination of a former spouse as executor.

But beneficiary designations are not automatically revoked in all cases. While Delaware's statute revokes will provisions, beneficiary designations on retirement accounts, life insurance policies, and bank accounts may not be affected by the same rule — especially for accounts governed by federal law (like ERISA-qualified retirement plans). If your ex-spouse is still named on your 401(k) beneficiary form, they may inherit it despite the divorce.

Powers of attorney naming your ex-spouse should be revoked immediately. A durable power of attorney giving your ex-spouse authority over your finances continues to be valid until you formally revoke it.

Transfer on Death Deeds need review. If you recorded a TOD deed naming your ex-spouse as beneficiary, the property will transfer to them automatically upon your death unless you file a formal revocation with the county Recorder of Deeds.

After Buying a Home

Purchasing real estate in Delaware triggers estate planning considerations that renters don't face.

How you title the property determines what happens to it. Joint tenancy with right of survivorship means the home passes automatically to the surviving owner — no probate needed. Tenancy in common means each owner's share passes through their estate. Sole ownership means the property goes through probate unless you take additional steps.

Consider a Transfer on Death Deed. Since Delaware adopted the Uniform Real Property Transfer on Death Act in December 2025, homeowners can record a TOD deed that transfers their property directly to a named beneficiary outside of probate. The owner retains full control during their lifetime and can revoke the deed at any time.

Update your will to address the property. If your will contains a residuary clause ("everything else goes to X"), the home will be covered. But if you want specific distribution instructions — especially in a blended family situation — add a provision addressing the real estate directly.

After Having Children

The birth or adoption of a child is the strongest possible reason to create or update an estate plan. A will is the only document that allows you to nominate a guardian for your minor children. Without one, the Delaware Family Court makes that decision.

Update your will to name a guardian (and an alternate), establish how the child's inheritance will be managed (through a testamentary trust or custodial account), and adjust your distribution to include the new child.

After a Death in the Family

If someone named in your estate plan — an executor, guardian, trustee, agent, or beneficiary — dies, your plan has a gap that needs filling. This is especially urgent for powers of attorney and advance directives: if your named agent dies and you become incapacitated before updating the document, there's no one authorized to act on your behalf.

A Simple Review Schedule

If no major life event triggers an update, review your entire plan every three to five years. Delaware's estate planning laws have changed significantly in recent years (the Transfer on Death Deed Act in 2025, the small estate threshold increase in 2026), and a plan that was current five years ago may not reflect the tools available today.

The Delaware Basic Estate Planning Kit includes guidance for each of these life transitions, with checklists that identify exactly which documents need updating and which county-specific filing steps apply.

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