Is the Ex-spouse entitled to inherit?

Is the Ex-spouse entitled to inherit?

Death is an unavoidable event but is not always at the forefront of one’s mind. It is often difficult to plan for as one does not know when it is going to happen. Lawyers are regularly asked how often one should amend his or her Will.

Simply, this should be done on a regular basis in order to make sure that it continues to reflect one’s present circumstances. A good trigger for reviewing ones Will is when there has been a major change in circumstances which could affect the beneficiaries of your Will, such as a change of marital status.

While being focused on finalising the divorce, amending the provisions of your Will is regularly forgotten. During or after the divorce proceedings, it is extremely important to consider reviewing your estate planning documents, such as your nominations for policies and your Will in order to avoid unnecessary and costly posthumous disputes regarding the distribution of your estate.

The legislators have recognised that people often forget to amend their will after a divorce and have granted some leeway in order to avoid the unintended consequences which would result.

Accordingly, Section 2B of the Wills Act, 7 of 1953 states that if a testator dies within 3 months of becoming divorced, his ex-spouse will be deemed to have predeceased him. Thus, the ex-spouse will be excluded from inheriting to the extent that the ex-spouse has been appointed as a beneficiary in the relevant Will. This is unless it appears from the Will that the deceased intended to benefit his ex-spouse. Regrettably, many divorced testators do not review their Wills within the requisite three-month period, and are unable to benefit from the intended relief (limited and flawed as it may be).

If you want to prevent the wrong person from benefiting from your estate, then you need to ensure that you regularly review your Will. If you would like to know more about reviewing and preparing your will contact Duvenage Attorneys.

We will gladly assist you with all your Estate Planning needs