Podcast
Questions and Answers
When does Section 2B apply to a testator's will?
When does Section 2B apply to a testator's will?
- When a marriage between a testator and their spouse is still valid
- When a testator has no intention to benefit their spouse
- When a marriage between a testator and their former spouse has been dissolved by divorce or annulled by a court (correct)
- When a testator dies more than three months after the dissolution of their marriage
What happens to the former spouse's benefits under the will if the testator dies within three months of the dissolution of their marriage?
What happens to the former spouse's benefits under the will if the testator dies within three months of the dissolution of their marriage?
- The benefits conferred are transferred to the testator's next of kin
- Treating the former spouse as predeceased, the benefits conferred are effectively revoked (correct)
- The former spouse is entitled to only half of the benefits conferred by the will
- The former spouse is entitled to all benefits conferred by the will
What is a requirement for the former spouse to be entitled to inherit despite the marriage ending?
What is a requirement for the former spouse to be entitled to inherit despite the marriage ending?
- Circumstances or statements outside the will indicating the testator's intention
- The testator must have made it clear in the will that they intended to benefit the former spouse (correct)
- The testator must have made it clear in the will that they intended to disinherit the former spouse
- The testator must have died more than three months after the dissolution of the marriage
What happens if the testator dies more than three months after the dissolution of their marriage?
What happens if the testator dies more than three months after the dissolution of their marriage?
What is the effect of Section 2B on the former spouse's inheritance if the testator dies within three months of the dissolution of their marriage?
What is the effect of Section 2B on the former spouse's inheritance if the testator dies within three months of the dissolution of their marriage?
What is the purpose of the principle of survivorship in the context of Section 2B?
What is the purpose of the principle of survivorship in the context of Section 2B?
Can circumstances or statements outside the will be used to save the former spouse's inheritance?
Can circumstances or statements outside the will be used to save the former spouse's inheritance?
What must the testator have done in their will to benefit the former spouse despite the marriage ending?
What must the testator have done in their will to benefit the former spouse despite the marriage ending?
What happens if the testator dies within three months of the dissolution of their marriage, but the will does not indicate an intention to benefit the former spouse?
What happens if the testator dies within three months of the dissolution of their marriage, but the will does not indicate an intention to benefit the former spouse?
What is the time frame within which Section 2B operates to deprive a former spouse of their inheritance?
What is the time frame within which Section 2B operates to deprive a former spouse of their inheritance?
