Should you change your will after a divorce?
Trusts and Estates
Should you change your will
A bequest to your ex-spouse in your will, which
was made before your divorce, will not necessarily fall away after the divorce.
A bequest to your ex-spouse in your will, which was made before your divorce, will not necessarily fall away after the divorce.
The Wills Act states that, unless you specifically provide otherwise, a bequest to your divorced spouse will be cancelled if you die within three months from the date the divorce was granted.
This gives a divorced person three months after the divorce in which to amend their will.Should you not change your will within three months after your divorce, your divorced spouse will benefit as indicated in the will.
Challenging a will
If a will appears to be valid at face value, it will be accepted by the Master of the High Court. Challenging a will is usually based on some form of fraud, legal non-compliance and misrepresentation of facts.
If a concerned party can prove that the will has been forged, the Testator acted under duress or the Testator was misled about the contents of the document, he must approach the Court to declare the document invalid. However, this process can be very costly.
The burden of proof lies on the party alleging the irregularity/foul play.
Contact Annatjie if you would like to revise your will.