How Does Marriage, Divorce and Separation Affect a Will?

Marriage As you might know, making a Will is the only way to ensure that your estate is distributed in the way that you would like. However, what happens if after making your Will you get married or even divorced? Under section 12 of the Succession Act your Will is automatically revoked if you get married. However, if your Will was made in contemplation of a particular marriage or marriage generally then it will remain valid. Of course, in the event your Will was made well before marriage was ever contemplated, and then you got married, it would be wise to make a new Will as soon as possible.
Divorce On the other hand, divorce will not revoke a Will but under section 13 of the Succession Act any gift to your former spouse or appointment of that spouse as an executor, trustee or guardian will be revoked. If you do get divorced, it is in your best interests to make a new Will anyway.
Separation Once a couple separates this has no effect on a Will. But you are not entitled to seek a divorce until 12 months after separation. This means that your spouse can still receive a benefit under your Will or be your executor until such time as the divorce goes through. It is therefore advisable that you make a new Will soon after separation as well.

April 2019