In the aftermath of a divorce, a person often forgets to amend his or her will. A bequest to your divorced spouse in your will, which was made prior to your divorce, will not necessary fall away after divorce.
The Wills Act provides that if you die within three months of the divorce, a bequest to your divorced spouse will be deemed cancelled (except where you expressly provide otherwise). Basically, this provision allows a divorced person a period of three months to amend his/her will, after the trauma of a divorce. Should you fail to amend your will within three months after your divorce, your divorced spouse will benefit as indicated in the will.
So, be warned, if you don’t want your ex to benefit any longer, change your will.
Bregman Moodley Attorneys Inc. 2015/089214/21
Physical Address: Suite 314, 3rd Floor, Office Towers, Killarney Mall, 60 Riviera Road, Killarney, Johannesburg, South Africa
Directors: Roy Bregman & Sharusha Moodley
Attorney: Benita Dayaljee
Associates: Melani Scholtz, Renthia Neethling & Abdul Buckus
Consultants: Sarah-lynn Tennant