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.
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 »