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Section 2B: Effect of Divorce on Will

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Questions and Answers

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?

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?

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?

The former spouse is entitled to all benefits conferred by the will Signup and view all the answers

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?

The former spouse is deprived of their inheritance as if they had predeceased the testator Signup and view all the answers

What is the purpose of the principle of survivorship in the context of Section 2B?

To treat the former spouse as predeceased, effectively depriving them of benefits conferred by the will Signup and view all the answers

Can circumstances or statements outside the will be used to save the former spouse's inheritance?

No, the testator's intention must be clear in the will Signup and view all the answers

What must the testator have done in their will to benefit the former spouse despite the marriage ending?

Made it clear that they intended to benefit the former spouse despite the marriage ending Signup and view all the answers

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?

The former spouse is deprived of their inheritance as if they had predeceased the testator Signup and view all the answers

What is the time frame within which Section 2B operates to deprive a former spouse of their inheritance?

Three months after the dissolution of the marriage Signup and view all the answers