Many people assume that getting divorced cancels whatever their old Will leaves to a former spouse. It does, but only for a short window. After that, an out-of-date Will can have consequences you never intended.
The case in short
In W v Williams-Ashman NO and Others (Supreme Court of Appeal, 2023), the deceased, N, executed a Will shortly before marrying J in 2011. In the Will, she left her entire estate to her future husband, J. The parties divorced on 24 October 2016. N died on 8 December 2016, less than three months after the divorce. She had not amended her Will.
What the law says
Section 2B of the Wills Act 7 of 1953 provides that where a person dies within three months after a divorce, a Will made before the divorce must be read as if the former spouse had died before the divorce, unless the Will itself shows an intention to benefit the former spouse despite the divorce.
The outcome
Because the deceased died within the three-month period, J was disqualified from inheriting under the Will. The estate instead devolved upon her parents through intestate succession.
Why this rule exists
The court explained that section 2B serves an important social purpose. The legislature assumed that most people who divorce do not intend their former spouses to inherit from them after the divorce.
What this means for you
The three-month rule is a safety net, not a substitute for a proper Will. If you divorce and live longer than three months without updating your Will, a former spouse may well inherit exactly as your old Will says. Review and update your Will as soon as your circumstances change.
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