Will, divorce and death

[Xperia]

Hi Folks,

What are the legalities regarding the validity of a will that was drawn up during a marriage that was never updated after divorce and now the person has passed on. The will granted everything to the ex spouse. Do the kids now get nothing? Does Decree Absolut have any effect on the will's validity?

Thanks
X

 

[LazyLion]

Ante nuptial contract or CoP?

 

[rrh]

I'm no lawyer but if the will is the only valid will then the ex will score ...

 

[Sinbad]

Divorce doesn't change the will afaik.

Moral of the story is update your will every time your circumstances change.

 

[VioletF]

Must I amend my will after divorce?

A bequest to your ex in your will, which was made before your divorce, will not necessarily fall away after the divorce. The Wills Act says that, unless you specifically provide otherwise, a bequest to your divorced spouse will be cancelled if you die within three months of the divorce. 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.

http://www.ewills.co.za/faq-will-and-testament.php

 

[Sinbad]

http://www.ewills.co.za/faq-will-and-testament.php

Where would that asset go should you die within the 3 months?

 

[VioletF]

IANAL, but my best guess would be the rules of succession would apply as if you didn't have a valid will at all:

What will happen if I do not leave a will?

If you die without leaving a will or a valid will, your estate will be split up according to the Intestate Succession Act, no. 81 of 1987. The estates of people who die intestate and whose estates are governed by the principles of customary law must be reported to the Magistrate for the area in which the person was resident at the time of their death. The local magistrate should be consulted on how an estate that is subject to customary law will be dealt with.

 

[Xperia]

Thanks guys, the 3 month thing is what I've found as well. Wow, that really, really sux for my girlfriend and her siblings. First to lose their mom and now the house, cars etc etc.

 

[Xperia]

Besides for the obvious, is there any way one can find out if there's an alternate / newer will? The lady was extremely private and independent and really didn't share her details.