Divorce and disinheritance: safeguarding your legacy

NAVIGATING the post-divorce land-scape can be challenging, both emo-tionally and legally.

- SANJITH HANNUMAN

Many individuals focus on the immediate repercussions of their separation, often overlooking a critical aspect that could jeopardise their legacy: the terms outlined in their Last Will and Testament.

One particular legal provision — Section 2B of the Wills Act 7 of 1953 — demands attention from those recently divorced, as it poses a significant risk to the inheritance plans intended for loved ones.

Understanding the legal framework

Section 2B of the Wills Act 7 of 1953 stipulates a three-month grace period during which any will executed prior to a divorce is treated as if the former spouse had predeceased the testator.

This clause serves as a safeguard but can also become a liability for those overlooking its implications.

After a divorce, if an individual passes away within this three-month window, the automatic exclusion of the ex-spouse from inheritance occurs unless the will explicitly demonstrates the intent to benefit the former spouse.

The specific wording of Section 2B of the Wills Act 7 of 1953 (as amended) states: "If any person dies within three months after his marriage was dissolved by a divorce or annulment by a competent court and that person executed a will before the date of such dissolution, that will shall be implemented in the same manner as it would have been implemented if his previous spouse had died before the date of the dissolution concerned, unless it appears from the will that the testator intended to benefit his previous spouse notwithstanding the dissolution of his marriage." (Wills Act 7 of 1953, s 2B)

Key Case Summary: JW v Williams-Ashman NO (2020)

This pivotal case highlights the conse-quences of neglecting to update a will after divorce.

In this instance, a woman named NW and her husband divorced shortly before she tragically passed away.