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The Impact of Divorce on Inheritance and Your Will

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The Impact of Divorce on Inheritance and Your Will

The Impact of Divorce on Inheritance and Your Will

Are you wondering how divorce can impact your Will in South Africa?

The Impact of Divorce on Inheritance and Your Will
Section 2B of the Law of Succession Amendment Act states that the revocation of the spouse’s entitlement to the bequest will only apply for a period of three months after the divorce becomes final. After this time, the spouse’s entitlement will be restored unless the Will has been amended or revoked. 

You must note that this rule only applies for a limited time.

This three-month period allows the testator to review their Will and make any necessary changes if they wish to do so. 

If the testator does not take any action during this time, the Will remains unchanged, and the spouse’s entitlement to the bequest will be restored.

The Law of Succession Amendment Act, (No. 43 of 1992) is a South African law that deals with the legal process of inheritance and the distribution of a deceased person’s assets. 

Section 2B of this Act specifically addresses the issue of how divorce can affect a person’s Will.

According to Section 2B, divorce impacts a testator’s Will, but only for a limited time and only concerning a particular beneficiary.

A Will is a document created by a testator, outlining the distribution of their assets after their death.

When a testator gets divorced, their Will remains valid unless and until it is amended or revoked.

However, divorce does affect the distribution of assets to a spouse.

For example, if a testator has named their spouse as a beneficiary in their Will, the divorce will automatically revoke that spouse’s entitlement to the bequest (gift of property). 

This means the spouse will no longer be entitled to receive any assets or property that the testator had intended for them in the Will for three months after death or divorce. 

This rule only applies to the spouse who was named as a beneficiary in the Will. 

It does not apply to other beneficiaries, such as children or family members. 

These beneficiaries will still be entitled to receive their legacies as stated in the Will unless the Will is amended or revoked.

It is also worth noting that this rule only applies to Wills that were made before the divorce. 

If a testator makes a new Will after their divorce, they are free to include or exclude their ex-spouse as a beneficiary, as they see fit.

In summary, Section 2B of the Law of Succession Amendment Act provides that divorce affects a testator’s Will, but only for a limited time and only in relation to a spouse.

This allows the testator to review their Will and make any necessary changes if they wish to do so. 

If you have any concerns or questions about how your divorce may impact your Will, it is crucial to seek legal advice.

 

Read more about:

The Divorce Process in South Africa

How to Divorce a Missing Spouse?

 

 

 

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