Divorce is a deeply personal and often emotionally taxing experience. Amid the paperwork, financial adjustments, and life changes that follow the end of a marriage, many individuals forget to update one of the most important documents in their lives: their last will and testament. Overlooking this step can lead to unintended consequences, particularly when it comes to who stands to benefit from your estate.

In South Africa, the Wills Act 7 of 1953, specifically section 2B, offers a short-term safeguard to account for this common oversight but only for a limited time.

The Three-Month Rule: What the Law Says

Under section 2B of the Wills Act, once a divorce is finalised, there is a three-month grace period during which your former spouse is legally treated as if they had predeceased you. This means that, even if your will still names them as a beneficiary, they will be excluded from inheriting if you pass away within this three-month window and haven’t yet amended your will.

This rule provides recently divorced individuals with a brief period to reorganise their affairs without the risk of their ex-spouse unintentionally benefiting from their estate.

What Happens If You Don’t Amend Your Will in Time?

If no changes are made to your will within three months of your divorce, and you pass away after that period, the legal protection provided by section 2B no longer applies. Your ex-spouse would then be entitled to inherit in line with the original terms of the will even though you are no longer married.

In other words, unless you formally update your will, the law will assume that you still intend for your ex-spouse to benefit from your estate if more than three months have passed since the divorce was finalised.

Does This Affect the Rest of the Will?

No. The provision under section 2B only affects the inheritance rights of your former spouse. The remaining terms of the will, including bequests to children, siblings, or charities, remain valid and enforceable. This limited scope underscores the importance of proactive estate planning especially after a major life change such as divorce.

Why Immediate Action Is Crucial

Many people assume that divorce automatically nullifies a will that includes an ex-spouse, but this is not the case. If your will was executed before the divorce, and you do not update it within the prescribed three-month period, your ex-spouse could legally claim what you once intended for them even if your relationship has ended permanently.

Updating your will is not just about protecting your assets, it’s about ensuring your final wishes are honoured and avoiding potential disputes among surviving family members.

Practical Steps After a Divorce

If you’ve recently finalised a divorce, here’s what you should do without delay:

• Review your existing will to identify any references to your former spouse.
• Consult an estate planning attorney to update or revoke your will appropriately.
• Create a new will that clearly reflects your current intentions and beneficiaries.
• Revisit other estate documents such as living wills, powers of attorney, and insurance beneficiary designations.

Final Thought

Divorce brings about significant legal and personal changes. Ensuring that your will reflects your new circumstances is an essential part of protecting your legacy. The three-month grace period under the Wills Act is a helpful buffer, but it is not a substitute for proper, timely estate planning.

If you’re unsure about how your current will might be affected post-divorce, or if you need help drafting a new one, reach out to our office. We’re here to help you safeguard your wishes and secure peace of mind for your future.