Code of Virginia - Title 64.1 Wills And Decedents' Estates - Section 64.1-59 Revocation by divorce or annulment; no revocation by other change; revival upon remarriag...

§ 64.1-59. Revocation by divorce or annulment; no revocation by other change; revival upon remarriag...

If, after making a will, the testator is divorced a vinculo matrimonii or his marriage is 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, conservator or guardian, unless the will expressly provides otherwise, shall also be revoked. Property prevented from passing to a former spouse because of revocation by divorce or annulment shall pass as if the former spouse failed to survive the testator. The other provisions of the will conferring a power or office on the former spouse shall be interpreted as if the spouse failed to survive the testator. If the provisions of the will are revoked solely pursuant to this section, and there is no subsequent will or inconsistent codicil, the provisions shall be revived upon the testator's remarriage to the former spouse. No change of circumstances, other than as described in this section, shall be deemed to revoke a will.

(1968, c. 656; 1985, c. 429.)

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Last modified: April 3, 2009