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Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 209. Revocation by divorce;  no revocation by other changes or circumstances

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If after executing a will, the testator is divorced or the testator's marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse and any nomination of the former spouse, as executor, trustee, guardian or other fiduciary, unless the will expressly provides otherwise.  Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent.  If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse.  A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section.  No changes or circumstances other than as described in this section revokes a will or any part thereof.

Cite this article: FindLaw.com - Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 209. Revocation by divorce;  no revocation by other changes or circumstances - last updated January 01, 2019 | https://codes.findlaw.com/de/title-12-decedents-estates-and-fiduciary-relations/de-code-sect-12-209.html


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