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Feb 05
2011

Change your Will after divorce, if you don't your ex may inherit your estate

Posted by Bertus in your ex will inherit if you don't change your will , you must change your will when you divorce , will ex inherit after divorce , will and divorce , top divorce lawyer , the effect of divorce on a will , testament benefit divorce , testament and divorce , spouse will inherit after divorce , inherit divorce , family law south africa , divorce attorney south africa , divorce attorney cape town. divorce law , divorce attorney cape town , divorce and testament , change will after divorce , amend will after divorce

Bertus

It happens frequently that a spouse  nominates the other spouse as a beneficiary in his or her will. If the spouses subsequently divorce, the question arises whether the former spouse will still inherit in terms of the will. If the testator changes his or her will to disinherit his or her ex the position is clear and the former spouse will not inherit. But the problem comes in where the testator does not change his will. This is governed by Section 2B of the Wills Act 7 of 1953. It provides that if a testator dies within 3 months after his/her divorce any will he or she executed prior to the dissolution of the marriage will be implemented as if his/her ex spouse had died before the dissolution of marriage. In other words, the ex spouse will be deemed to have died before the dissolution of the marriage and will thus not inherit.

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