Divorced? Here’s why you should change your will.

Written by Cherise Hansen on July 27, 2015. Posted in divorce, marriage, Uncategorized, wills

last will

You fall in love, get married and draw a will leaving all your worldly possessions to your spouse. Then divorce happens… and your will is forgotten. You may be lucky to find new love and you re –marry. You don’t make the time to draw a new will.

Then death happens and much to your new spouse’s dismay, your ex –spouse will now inherit all your worldly possessions.

Once you have a will, it is valid until it is revoked by a further will or your will is destroyed.

Most people forget to revoke their previous will after they get divorced. In terms of Section 2B of the Wills Act, Act 7 of 1953, if a person dies within 3 months after their divorce, and the will was executed before the date of divorce, then the will be carried out as if that person’s spouse had died before date of divorce, unless it appears from the will that the person intended their spouse to inherit in terms of their will regardless of the divorce.

What this means is that if you had a valid will before you get divorced in which your spouse would inherit; you get divorced and pass away within 3 months from the date that the divorce order is granted, then your ex-spouse will not inherit anything from you in terms of the will unless you made it clear that you intended to ex-spouse to inherit regardless of the divorce. If you pass away after this 3 month period and you had not yet changed or revoked your previous will, then your ex-spouse will inherit as per your will. You thus have a period of 3 months from date of divorce to change or revoke your will.

Divorced? Have you changed or revoked your will?

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