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Is my will valid after my divorce?

  • Writer: Good Law LLP
    Good Law LLP
  • Sep 20, 2022
  • 1 min read

Updated: Feb 11

Yes, but a gift to your former spouse may or may not be revoked. If you divorced after February 1, 2012, then a gift to a former spouse is void and the rest of the will is good. This means that the terms of the will apply as though your former spouse predeceased you. If you divorced before February 1, 2012, then a gift to a former spouse is still valid. If you would like to leave a gift to your former spouse in your Will, it is important to use wording that acknowledges that you want to do that, notwithstanding what the law says; this contrary intention will ensure the gift is not void. These rules still cause confusion, so if you are divorcing, ensure you review your will and get legal advice about your estate plan.

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