Resources
Chambliss Estate Planning Newsletter – May 2026
How Does Divorce Impact Estate Planning in Tennessee?
Revocation Laws, Trust Considerations, and Next Steps
By: Jennifer “Jenni” Chambers-Smith
The dissolution of a marriage is not only a significant life event emotionally — it also has a substantial impact on an estate plan. While there may be a sense of relief once a final decree is entered, important steps remain to ensure a former spouse is no longer included in key planning documents.
In Tennessee, individuals should not rely solely on statutory protections. While state law provides some safeguards, they are limited in scope. It is critical to proactively review and update estate planning documents — including wills, trusts, beneficiary designations, and powers of attorney — to ensure they reflect your current wishes.
Key Questions to Consider
After a divorce, individuals should revisit their estate plan with the following in mind:
- Can a former spouse still serve as executor or agent under a power of attorney?
- Does a former spouse remain a beneficiary of a trust?
- Are retirement account beneficiary designations to an ex-spouse automatically revoked?
Failing to address these questions can create confusion and, in some cases, lead to unintended outcomes.
How Revocation-Upon-Divorce Laws Work
Many states have adopted revocation-upon-divorce statutes. These laws are designed to act as “gap-fillers,” based on the assumption that most individuals would not want a former spouse to remain a beneficiary or decision-maker after divorce.
However, these laws vary widely from state to state. Differences may include:
- Scope: Some states apply revocation only to wills, while others extend it to trusts and other assets
- Trigger: Some require a final divorce, while others apply upon legal separation
- Assets covered: Treatment of retirement accounts, life insurance, and other non-probate assets differs significantly
Because of these variations, individuals should not assume their estate plan will automatically update itself after a divorce.
Tennessee Law: What It Covers (and What It Doesn’t)
Tennessee takes a more limited approach than many other states.
Under Tennessee law, divorce or annulment automatically revokes certain provisions in a will. Specifically:
- Gifts to a former spouse are revoked
- Powers of appointment granted to a former spouse are revoked
- Nominations of a former spouse as executor, trustee, conservator, or guardian are revoked
Unless the will states otherwise, the former spouse is treated as if they predeceased the testator, and assets pass to alternate beneficiaries. If the parties remarry, these provisions may be revived.
While this statute provides clarity, it is important to understand its limits. It primarily applies to wills and does not comprehensively address other key components of an estate plan.
For example, Tennessee law suggests that similar principles may apply to trusts, but this is not always straightforward, particularly with irrevocable trusts, where changes may not be possible regardless of intent. In these situations, courts may look to the individual’s intent and, in some cases, impose a constructive trust. However, relying on court intervention introduces uncertainty, additional cost, and potential delays.
To learn more about powers of attorney, federal ERISA considerations, and additional estate planning implications following a divorce, read the full article on our website.
Estate Planning Resources
New Research on Dementia Risk Factors, Screenings
With an estimated one in 10 older adults in the United States living with dementia, there is a growing focus on early detection and prevention. Dementia encompasses diseases that impair memory and cause cognitive decline. Common types of dementia include Alzheimer’s disease (the leading cause), Lewy Body dementia, and vascular dementia…
Family Caregivers in the U.S. Divided by Gender, Birth Order
More Americans are requiring help with daily activities as they age into their senior years. Some seniors are cared for by their partner, some by their adult children, and others by professional caregivers. Some have a combination of helpers…
Who Are the Key Players in Special Needs Planning?
A quarter of households in the United States include at least one family member with a disability. These families grapple with complex legal and financial issues. What will happen to the individual with a disability when caregivers pass away? How can families save money for the future without putting eligibility for public benefits at risk? What services and government benefits are available for the person with the disability?
Upcoming Events
YMCA Adaptive Programs
Where: YMCA of Metropolitan Chattanooga
The YMCA of Metropolitan Chattanooga offers a wide variety of adaptive programs for individuals of all ages, including adaptive group exercise classes, swim lessons, sports clinics, and more! To learn more, visit the YMCA website.
Chattanooga Therapeutic Recreation Services Couch to 5K
Where: Various TN Riverwalk Locations l When: May-June, 2026
A walking group for those who want to socialize, enjoy the warmth and views of the TN Riverwalk, and get their steps in! The group will walk together, and all paces are welcome for the one- to two-and-a-half-mile walk. For more information, email Ella Boeke at [email protected] or call 828-808-1395.
Creative Discovery Museum Sensory Night
Where: Creative Discovery Museum l When: May 14, 2026
This special evening provides children with sensory sensitivities and their families exclusive access to the Museum in a controlled, low-sensory environment. Admission is free, but registration is recommended. For more information, visit the Creative Discovery Museum website.
Scenic City Adaptive Kayaking
Where: Booker T. Washington State Park l When: May 16, 2026
This adaptive kayaking program is from 10 a.m.-4 p.m. for individuals with intellectual and/or physical disabilities, ages 10 and up. Different adaptive equipment is available, such as outriggers, back and side support, hand adaptations, transfer benches, etc. For more information, email Elaine Adams at [email protected] or call 423-643-6058. To register, visit the Tennessee State Parks website.
Scenic City Adaptive Cycling
Where: TN Riverpark at the Hubert Fry Center l When: May 18, 2026
This adaptive cycling program on the TN Riverwalk is for individuals with disabilities and matches them with a bike and volunteer so they can enjoy the sights of the Tennessee River, while improving fitness and balance. Equipment is limited and pre-registration is required. For more information, email Elaine Adams at [email protected] or call 423-643-6058.
Catalyst Sports Adaptive Indoor Climbing
Where: High Point Climbing Gym l When: May 19, 2026
Catalyst Sports is a nonprofit organization based out of Atlanta whose mission focuses on empowering people by providing the highest quality of adaptive sports for those with disabilities. The clinic is from 6-8 p.m. for individuals, ages 5 and up, with physical disabilities. To sign up for either event, visit Catalyst Sports events page.
Chattanooga Therapeutic Recreation Services T-Recs
Where: Greenway Farms Conference Center l When: May 21 and June 11, 2026
T-Recs is a teen social and recreation group for individuals with disabilities, ages 13-17 years old, that meets on the third Thursday of each month to play games, socialize, explore the outdoors, go on outings into the community, and more. The goal of the program is to increase social skills while participating in leisure and recreation opportunities with peers. Participants need to exhibit adequate emotional regulation to be redirected verbally or with visual supports and are not a harm to self or others. The group will meet from 4-6 p.m. and there is no cost to attend. For more information, email Nate Sirmans at [email protected] or call 423-643-6091.
Chattanooga Therapeutic Recreation Services Hiking Group
Where: Quarry Trail at Greenway l When: May 28, 2025
A group of individuals with disabilities, their family members, and friends who want to explore the beautiful trails in Chattanooga together, meet twice a month to hike easy to moderate trails. To join the hiking group and stay updated on location changes or weather alerts, email Nate Sirmans at [email protected] or call 423-643-6091.
