10 Questions
When does Section 2B apply to a testator's will?
When a marriage between a testator and their former spouse has been dissolved by divorce or annulled by a court
What happens to the former spouse's benefits under the will if the testator dies within three months of the dissolution of their marriage?
Treating the former spouse as predeceased, the benefits conferred are effectively revoked
What is a requirement for the former spouse to be entitled to inherit despite the marriage ending?
The testator must have made it clear in the will that they intended to benefit the former spouse
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
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
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
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
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
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
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
Learn about Section 2B of the Wills Act, which deals with the effect of divorce on a testator's will. Understand how the section treats a former spouse in the event of the testator's death within three months of divorce.
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