Generally a divorced ex-spouse does not inherit via the Will of a deceased ex-spouse nor under intestacy laws. Any mention of a surviving spouse in a Will which was signed before the date of the divorce is treated as though the surviving ex-spouse had died first. This has the effect of cutting out the surviving ex-spouse. A divorced spouse appointed as an Executor by a Will dated before the divorce is legally not allowed to act as Executor. If a Will was signed after the date of the divorce, any provision for an ex-spouse is valid including the appointment of the former spouse as an Executor. (more…)
Archive for the ‘Marriage Breakdown’ Category
What is the Effect of Divorce on an Estate and on Powers of Attorney?
Wednesday, August 25th, 2010Separation and Insurance: A Cautionary Tale
Friday, March 26th, 2010Think your separation agreement ensures your ex won’t get your insurance payout? Think again.
While married, Jack named his wife, Sharon, as the beneficiary of his life insurance policy. Some years later the couple separate. They negotiate and sign a separation agreement which states that neither of them will have any claim against the other’s estate. Jack does not change the beneficiary on his life insurance policy thinking it has been dealt with by the separation agreement. Jack dies. The insurance company pays the insurance payout to the named beneficiary, Sharon. (more…)
