Testator Alice divorces her husband, Brian, in January. In her will,
drafted years earlier, she left Brian R200 000 and the residue of her estate to
her daughter, Claire. Alice dies in March, two months after the divorce,
without updating her will.
What happens to Brian’s bequest?

Question

Testator Alice divorces her husband, Brian, in January. In her will,
drafted years earlier, she left Brian R200 000 and the residue of her estate to
her daughter, Claire. Alice dies in March, two months after the divorce,
without updating her will. 
 What happens to Brian’s bequest?

Answer

Brian’s bequest reverts to the residue of the estate to be distributed
intestate.

Answer

Brian’s bequest of R200 000 lapses because Alice died within three
months of the divorce, unless the will expressly provides otherwise.

Answer

Brian’s bequest accrues to Claire under the common‑law  ius
accrescendi .

Answer

Brian still inherits R200 000 because the will was validly executed and
divorce does not affect bequests.

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Testator Alice divorces her husband, Brian, in January. In her will, drafted yea...

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