Probate advice

D » Divorce

Where a deceased has divorced (the Decree Absolute has issued), the former spouse 'drops out' of the Will of the deceased but the Will remains legal in all other respects.

Do not tamper with the Will however. This is the legal effect of divorce and does not require the Will to be physically changed.

When distributing the Estate according to the Will, the Beneficiaries will be those inheriting as if the surviving divorced spouse does not exist or if the Will does not state further Beneficiaries, then to those inheriting on Intestacy.

The original Decree Absolute will be required by the Probate Registry. A copy can be obtained from the issuing County Court if the issue date of the Decree is known.

Preferred Professionals

If you are in any doubt about what is required of you in administering a deceased estate, we have a list of preferred Professionals which we would suggest you consult... Read more »