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WHAT HAPPENS TO MY WILL IF I DIVORCE
Section 14 of the Wills Act provides that divorce
- revokes any gift to the spouse made by a Will current at the time of the divorce and any appointment of the spouse as Executor and Trustee (except as Trustee for Beneficiaries which include the spouses children).
The Section does not operate if it appears that the Testator did not wish that gift or appointment to be revoked. Otherwise the Will takes effect as if the spouse had died before the Testator.
“Divorce” means the ending of the marriage by decree absolute under the Family Law Act. There is no equivalent provision in respect of the ending of a non-marriage relationship.
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