Divorce is traumatic and life-changing. In its aftermath, an important consideration is your plans for the future relating to your Will and Estate, along with any policies you may have in place.

Amending your Will post-divorce

According to Section 2B of the Wills Act, if you had a Will while you were married, then once you are divorced you have three months from the date of the Order of Divorce to amend or update your Will, specifically where it may relate to your ex-spouse. If you do not or choose not to change your existing Will and pass away without signing a new Will within the three month period stated above, then your existing Will remains in place; and you may have unwittingly or unintentionally have left your estate or a portion thereof to your ex-spouse!

Review all your policies and beneficiaries

It is also recommended that you conduct a thorough review of your existing policies and the related nominated beneficiaries. Sometimes a divorce order will dictate a beneficiary (as the policy may form part of such an order) such as a life insurance policy in which case you are unable to change your nominated beneficiaries. If this is not the case, then you will be in a position to change the policy beneficiaries.

Seeking legal advice on the best way to use a policy as a result of death is a good idea. Policies can create nest-eggs for young children or they can create liquidity in winding up an estate.

Speak to an expert

Discussing these affairs with an attorney after a divorce is often comforting as they can help you plan a way forward that suits your new life whilst making provision that the divorce order is honoured, even in death.

After any life-changing event, such as divorce, death, birth of a child or even a drastic change in financial circumstances, it is recommended that you retrieve your Will from its dusty box and review it in order to ensure that your loved ones are sufficiently provided for.

Contact our experienced Family Law or Trusts and Estates teams for assistance with matters related to Divorce, Wills and Estate Planning.

For legal expertise regarding Family Law, Divorce and Matrimonial Law

Juan Smuts                  juan@abgross.co.za

Wesley Scheepers      wesley@abgross.co.za

For legal advice related to Wills and Estates

Marita Swanepoel       marita@abgross.co.za



The articles on these web pages are provided for general information purposes only. Whilst care has been taken to ensure accuracy, the content provided is not intended to stand alone as legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.