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Posts from the ‘Divorce and Estates’ Category

Is a will still valid if the parties have separated? What about if they have divorced?

If parties are separated, the law protects spousal rights under both the realm of wills and intestacy. A separated spouse mentioned in a will is entitled to the gifts given by the testator. Likewise, a separated spouse still has status under the law of intestacy.

If a will is made benefitting the testator’s spouse, and the parties are subsequently divorced, there is conflicting law.

Common Law

Under the common law, a will is not revoked by divorce, only a new marriage. Common law holds that a will created during the marriage is not... MORE »