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Divorce.

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Presentation on theme: "Divorce."— Presentation transcript:

1 Divorce

2 Common Law No impact on will so ex-spouse beneficiary would still take. Remember, divorce was rare and was considered a sin.

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

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

5 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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