The divorce of a Will maker or the annulment of his or her marriage revokes the entitlement of the Will maker’s former spouse under the terms of a Will in existence at the time of the divorce or annulment. Further, the divorce or annulment revokes the appointment of the Will maker’s former spouse as an Executor under the terms of the Will. However, if the Will specifically provides that the former spouse shall be a beneficiary or Executor (or both) notwithstanding the divorce or annulment then the divorce or annulment has no effect on the Will. Further, the Divorce or annulment of the marriage of the Will maker does not revoke the appointment of the Will maker’s former spouse as Trustee of any property left by the Will in trust for beneficiaries that include the former spouse’s children. If you are intending to divorce your spouse or seek an annulment of your marriage it is wise to consult your solicitor as your actions may have an effect on your Will.
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