A divorce can take its toll on anyone, especially if the spouses cannot see eye-to-eye on the aspects of the divorce.
This can leave one feeling drained and not up to the task of taking on any further admin, such as updating your will.
Wills:
Ideally, it is wise to attend to the amendment of your will during or as soon as the divorce is concluded to avoid uncertainties or disputes when you have died.
The legislator in drafting the Wills Act 7 of 1953 has made provision for people to amend their wills within three months from the date of divorce by including a provision, section 2B, which requires a person’s will to be applied as if the previous spouse died before the person whose estate is being administered.
This provision, however, does not include wills where it is evident that the person intended to benefit the former spouse regardless of a divorce. In conclusion, there is a three-month window period for a divorcee to amend his or her will after divorce.
However, this window period will only apply if it cannot be deduced from your will that you intended to benefit your former spouse in spite of a divorce. It will always be better to attend to the amendment of your will as soon as a major milestone, such as a divorce, occurs. Do not hesitate to contact a professional such as an attorney for proper advice.
Deceased Estates:
Can a life partnership affect my deceased estate?
Life partners in a permanent relationship often take on reciprocal duties of maintenance. If one party to this relationship dies, the surviving partner will have a valid claim for maintenance from the estate of the deceased partner.
Therefore, when entering into a permanent life partnership it is important to note that this will most likely be a legal consequence attached to your relationship. To avoid any uncertainties, the couple can conclude a cohabitation agreement, either themselves or with the assistance of an attorney, to clearly set out their wishes.
