Maryland Divorce Attorney Blog

The court upheld the decision of courts below in invalidating the bequests. It held that the effect of divorce on bequests to a spouse's relatives must be handled on a case by case basis. In this case, the decedent had not formed a close personal relationship with wife's relatives. In making its ruling, the court noted that many divorces are acrimonious "with acrimony spilling over to the former spouse's family". The court also noted that the ruling might have been different had there been evidence of a "close personal relationship" with the decedent.

Individuals who are separated but not yet divorced need to keep in mind that Section
4-105 is not triggered until a final divorce decree is entered. A spouse can take under a will despite the separation. Furthermore unless there is a waiver of rights, such as usually occurs in a separation agreement, the surviving spouse can not be totally cut out of the will. He or she is eligible for a minimum share of the decedent spouse's estate. That issue can be complex and is the subject of a prior posting.