Hi,In the event of divorce, is a will made prior to the divorce with a spouse as a beneficiary still valid or does a new will need to be made.Thank youStuart
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
The Wills Act 2010 says
(1)This section applies when—
(a)a will-maker makes a will; and
(b)after the will-maker makes the will, an order of a kind described in subsection (2) is made to which the will-maker is a party; and
(c)the order is in force when the will-maker dies; and
(d)the will contains a provision of a kind described in subsection (3).
(2)The orders are—
(a)an order made under Part 3 of the Family Proceedings Act 1980; or
(b)an order made under section 42 of the Family Proceedings Act 1980; or
(c)an order or decree corresponding to an order described in paragraph (a) or (b) made under an earlier corresponding enactment; or
(d)an order, decree, or enactment corresponding to an order described in paragraph (a) or (b) made outside New Zealand that is recognised by the courts in New Zealand.
(3)The provisions are—
(a)the appointment of the will-maker's spouse or partner as executor or trustee or advisory trustee of the will-maker's will; or
(b)the appointment of the will-maker's spouse or partner as a trustee of property disposed of by the will to trustees on trust for beneficiaries who include the spouse's or partner's children; or
(c)a disposition to the will-maker's spouse or partner, except for a power of appointment exercisable by the spouse or partner exclusively in favour of the spouse's or partner's children; or
(d)a disposition for the payment of a debt secured on—
(i)property that belongs to the will-maker's spouse or partner; or
(ii)property that devolved by survivorship on the will-maker's spouse or partner.
(4)The following apply to a provision of a kind described in subsection (3):
(a)the provision is void; and
(b)in relation to the provision, the will must be read as if the will-maker's spouse or partner died immediately before the will-maker.
(5)Subsection (4) does not apply if the will makes it clear that the will-maker intended—
(a)the provision to be effective even if an order of the kind described in subsection (2) were made; and
(b)in relation to the provision, the will not to be read as if the will-maker's spouse or partner died immediately before the will-maker.
This means the prior will is void and a new will is needed
LLB MMgt FAMINZ 32 years qualified as lawyer
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