Effect of Divorce on a Will
The general rule is that a testator’s divorce revokes a disposition to his or her former spouse (as well as an appointment of the former spouse, as executor, trustee, advisory trustee or guardian). However, s 15(3), Succession Act enables the testator to express a contrary intention in the will. Although rarely appropriate or desired, this prospect will occasionally require discussion. Similarly, s 15A of the Act enables a registered partner to express a contrary intention to avoid revocation of gifts to, and appointments of, a former registered partner made by a will, on the termination of the registered relationship.