(Getting) Divorced? You NEED to know this about your will.

Updated: Feb 19, 2020

There's a funny little provision in the Wills Act, which all divorcé's should be aware of. It's section 2B and it states that if a person passes on within 3 months of getting divorced, the deceased's ex-spouse will be deemed to have predeceased him/her.

This means that if your ex-spouse is mentioned and favoured in your Will and you pass on within 3 months of your divorce, they will not stand to inherit from you. The ex-spouse is excluded from inheriting, unless it appears from the Will that the deceased wanted the ex-spouse to inherit, despite the divorce.

However, after the 3 month period, if your ex-spouse is still a beneficiary in your Will, the law accepts that it always was your intention to let your ex-spouse inherit, and they will again benefit in terms of the inheritance you leave them in your will.

It is therefore crucially important ensure that the wording of your Will reflects your true intentions during the time before, during and after your divorce proceedings. Make sure to check!

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