Recently, a client asked Khatija if a divorce would have any effect on a Will?
Khatija answers:
- A divorce will not invalidate the Will or the part of a Will where a bequest was made to an ex-spouse.
- The law provides that if the testator dies within three months after the divorce, it will be assumed that his/her ex-spouse died before him/her. This means that if the ex-spouse was an heir in the Will, s/he will not inherit from the estate of the testator.
- If the testator dies three months after the divorce without changing his/her Will, it will be assumed that the testator wanted to include his/her ex-spouse in the Will. This means that s/he will still inherit as per the testator’s Will.
- A person’s personal circumstances may change during his/her lifetime and it is important to revise a Will to accommodate these changes.
Ensure that your Will is always up to date, according to the current situation in your life.
If you have divorced and are not legal guardian, on good terms of step children, etc, but if they are STILL listed in your will as beneficiaries, they WILL benefit according to your will if you haven’t updated it, regardless of your finalised divorce agreement.
Ensure that you review your Will every year as circumstances in your life changes and you may need to re-evaluate who you want to inherit from your estate.
Contact our offices to set up your appointment or visit our website for more info.
