Louw NO v Kock and Another (14270/2015)
Louw NO v Kock and Another (14270/2015) [2016] ZAWCHC 165; 2017 (3) SA 62 (WCC) (31 October 2016)
Section 2B of the Wills Act is clear and unambiguous: a previous spouse is disqualified from inheriting under a will executed before divorce if the testator dies within three months of the divorce, unless the will itself demonstrates an intention to benefit the previous spouse notwithstanding the dissolution. The will in question nominates the 'longest living' spouse as sole heir but does not expressly provide for inheritance after divorce. The court found that the will does not indicate an intention to benefit the plaintiff after divorce, nor does Section 2B permit extrinsic evidence to rebu…
Source excerpt
- Wills Act Interpretation
- Effect Of Divorce On Will
- Statutory Disqualification Of Spouse
- Freedom Of Testation