Divorce is an emotionally challenging and often complex process. It can bring significant changes to every aspect of a person’s life, including their estate planning. While many individuals believe that divorce automatically revokes their will, this is not always the case. In South Africa, the law provides specific provisions to address how a divorce can affect your will.

The Impact of Divorce on Your Will

In South Africa, the Wills Act (Act 7 of 1953) regulates the creation and revocation of wills. The Act contains specific provisions that address the impact of divorce on a person’s will.

Section 2B of the Act provides that if a testator (the person who made the will) elects his ex-spouse as an heir or legatee in his will and does not amend or revoke the will within three months of the divorce, the ex-spouse will still inherit in terms of the will. This provision is known as the “three-month rule.”

This means that if you do not update your will within three months of your divorce, your ex-spouse may still inherit from your estate. Therefore, it is crucial to take action and update your estate plan as soon as possible after a divorce to ensure that your assets are distributed according to your wishes.

Updating Your Estate Plan After a Divorce

The three-month rule highlights the importance of updating your estate plan after a divorce. It is important to note that your will is just one part of your overall estate plan. Other important documents to consider include your living will, power of attorney, and trust documents.

Here are some steps you can take to update your estate plan after a divorce:

1. Review Your Will: Review your existing will and determine which provisions may be affected by your divorce. It may be necessary to revoke or amend specific clauses in your will to ensure that your assets are distributed according to your wishes.
2. Update Your Beneficiaries: Review the beneficiaries named on your life insurance policies, retirement accounts, and other financial accounts. You may need to update these designations to ensure that your assets are distributed correctly after your death.
3. Update Your Power of Attorney: If you appointed your ex-spouse as your power of attorney, you may need to update this document to reflect your current wishes.
4. Review Your Trust Documents: If you have a trust, you may need to update the trust documents to reflect your current wishes and remove your ex-spouse as a beneficiary or trustee.

By taking these steps, you can ensure that your estate plan reflects your current wishes and that your assets are distributed according to your wishes after your death.

Conclusion

Divorce is a challenging and emotional process, and it can bring significant changes to your life. It is essential to remember that divorce can also impact your estate plan. Under South African law, the three-month rule provides a “window period” within which a testator can revoke or amend their will after a divorce to exclude their ex-spouse as an heir or legatee. Failing to do so within the three-month period can result in the ex-spouse inheriting from the estate.

Updating your estate plan after a divorce is crucial to ensure that your assets are distributed according to your wishes. Reviewing your will, updating your beneficiaries, power of attorney, and trust documents are all important steps to take to ensure your estate plan reflects your current wishes. By taking these steps, you can ensure that your assets are distributed according to your wishes, and your loved ones are protected after your death.