Divorce After Making Will: Will Revoked as to Former

Spouse. If a married testator makes a will and is subsequently divorced, and the person whose marriage to the testator was dissolved by such divorce survives the testator, the will is revoked as to such former spouse, unless the will shows a specific intent to the contrary; and no other evidence to rebut the presumption of revocation can be received. SOURCE: Guam Law Revision Commission. COMMENT: Section 403 provides the opposite side of the coin from § 401, supra. Under the provisions of § 401, if a person makes a will, marries, and then dies without providing for his spouse, the spouse takes some portion of the estate by the law of succession. This seems only fair; as pointed out in the Comment to § 401, that Section exists to protect the surviving spouse, as it inserts into the law a presumption that the testator must have intended to provide for his spouse following the momentous event of marriage, but for some reason did not do so. Similarly, § 403 inserts into the law a presumption that a married testator who is subsequently divorced must have intended to revoke his will insofar as it provided for his former spouse following the momentous event of divorce, but for some reason did not do so. In other words, § 401 protects the spouse, while § 403 protects the testator.