Deceased Estates Question of the Week

Facts:

A husband and wife get divorced. They had no children. They had executed a Will prior to the divorce whereby if one of them dies, the other person is to inherit the entire estate. The Husband then dies 2 months after the divorce.

Question:

Does the ex-wife then inherit in terms of the Will?

Answer:

This is regulated by Section 2B the Wills Act 7 of 1953. 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 basically means that the ex-spouse will not inherit in terms of the will as long as the person dies within 3 months after the divorce. If the person dies any time after 3 months has passed after the date of the divorce, then the ex-spouse will inherit in terms of the will. It is also important to note that if provision is made in the will whereby it clearly states that the ex-spouse must inherit regardless as to whether or not they get divorced, then that ex-spouse will still inherit in terms of the will.

Tips:

Always make sure that you update your will regularly and further ensure that there is someone who knows where your will is stored.