Last Will and Divorce
It is crucial to update your last Will and Testament after your divorce or any major changes in your life to give effect to your wishes.
In terms of South African law, the formalities and administration of wills are regulated by the Wills Act No. 7 of 1953 (“the Act”). In terms of the Act, any person who is above the age of sixteen years, and of sound mind can execute a Last Will and Testament.
The Act does not provide for the effect of marriage on your Will but regulate the effect of divorce on your Will.
Most couples sign a Will during their marriage. They normally appoint the surviving spouse as the sole heir of his or her estate.
But what happens should parties divorce and they did not change or revoke their Will before the death of the spouse, after the divorce?
Dealing with the effect of divorce on a Will, Section 2B of the Wills Act No. 7 of 1953, states that:
“If any person dies within three months after his marriage was dissolved by a divorce or annulment by a competent court and that person executed a will before the date of such dissolution, that will shall be implemented in the same manner as it would have been implemented if his previous spouse had died before the date of the dissolution concerned, unless it appears from the will that the testator intended to benefit his previous spouse notwithstanding the dissolution of his marriage.”
This means that if you die within three months after the date of your divorce, then your ex-spouse will not inherit anything from your estate and if you fail to update your Will within three months, then your ex-spouse may still inherit from your estate if the Will makes provision for that.
It is therefore important to update your Will to protect your estate and honour your loved ones with your last wishes.
In terms of South African law, the formalities and administration of wills are regulated by the Wills Act No. 7 of 1953 (“the Act”). In terms of the Act, any person who is above the age of sixteen years, and of sound mind can execute a Last Will and Testament.
The Act does not provide for the effect of marriage on your Will but regulate the effect of divorce on your Will.
Most couples sign a Will during their marriage. They normally appoint the surviving spouse as the sole heir of his or her estate.
But what happens should parties divorce and they did not change or revoke their Will before the death of the spouse, after the divorce?
Dealing with the effect of divorce on a Will, Section 2B of the Wills Act No. 7 of 1953, states that:
“If any person dies within three months after his marriage was dissolved by a divorce or annulment by a competent court and that person executed a will before the date of such dissolution, that will shall be implemented in the same manner as it would have been implemented if his previous spouse had died before the date of the dissolution concerned, unless it appears from the will that the testator intended to benefit his previous spouse notwithstanding the dissolution of his marriage.”
This means that if you die within three months after the date of your divorce, then your ex-spouse will not inherit anything from your estate and if you fail to update your Will within three months, then your ex-spouse may still inherit from your estate if the Will makes provision for that.
It is therefore important to update your Will to protect your estate and honour your loved ones with your last wishes.
Divorce
Mediation
Antenuptial Contracts
Parenting Plans
The Rights of Unmarried Fathers
Relocation with Minor Children
Domestic Partnerships
Civil Unions
Last Will and Testament
Protecting your future
Family law and divorce matters require a personalised approach. When working with us, you get the experience, knowledge and support. We are dedicated and care about your outcome. We know each case is different, so we work closely with you to create a strategy for the best results.