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Divorce

Divorce. Common Law. No impact on will. Remember, divorce was rare and was considered a sin. PC § 69; EC §§ 123.001 & 123.002. The following provisions are void: Ex-spouse as beneficiary. Ex-spouse’s relatives as beneficiary (unless also deceased spouse’s relatives).

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Divorce

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  1. Divorce

  2. Common Law • No impact on will. • Remember, divorce was rare and was considered a sin.

  3. PC § 69; EC §§ 123.001 & 123.002 • The following provisions are void: • Ex-spouse as beneficiary. • Ex-spouse’s relatives as beneficiary (unless also deceased spouse’s relatives). • Ex-spouse as fiduciary (executor, guardian of children, trustee).

  4. PC § 69; EC §§ 123.001 & 123.002 • Exceptions: • Remarriage of spouses. • Will of deceased spouse expressly provides otherwise.

  5. PC § 69; EC §§ 123.001 & 123.002 • Passage of voided gift: • As if ex-spouse predeceased the testator.

  6. Warning! • Statute operates only upon a final divorce – not after filing or while pending.

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