§ 6227. — 6227. (Amended by Stats. 2016, Ch. 50, Sec. 87.)

California § 6227.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 6.: DIVISION 6. WILLS AND INTESTATE SUCCESSION
• Part 1.: PART 1. WILLS
• Ch. 6.: CHAPTER 6. California Statutory Will
• Art. 2.: ARTICLE 2. General Provisions

Text

(a)
If after executing a California statutory will the testator’s marriage is dissolved or annulled, or the testator’s registered domestic partnership is terminated, the dissolution, annulment, or termination revokes any disposition of property made by the will to the former spouse and any nomination of the former spouse as executor, trustee, guardian, or custodian made by the will. If any disposition or nomination is revoked solely by this section, it is revived by the testator’s remarriage to, or entry into a subsequent registered domestic partnership with, the former spouse.
(b)
In case of revocation by dissolution or annulment:
(1)
Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator.
(2)
Provisions nominating the former spouse as executor, trustee, guardian, or custodian shall be interpreted as if the former spouse failed to survive the testator.
(c)
For purposes of this section, dissolution or annulment means any dissolution or annulment that would exclude the spouse as a surviving spouse within the meaning of Section 78. A decree of legal separation which does not terminate the status of spouses is not a dissolution or annulment for purposes of this section.
(d)
This section applies to any California statutory will, without regard to the time when the will was executed, but this section does not apply to any case where the final judgment of
dissolution or annulment of marriage occurs before January 1, 1985; and, if the final judgment of dissolution or annulment of marriage occurs before January 1, 1985, the case is governed by the law that applied prior to January 1, 1985.

Legislative History

Amended by Stats. 2016, Ch. 50, Sec. 87. (SB 1005) Effective January 1, 2017.