64.1-59 - Revocation by divorce or annulment; no revocation by other change; revival upon remarriage.
§ 64.1-59. Revocation by divorce or annulment; no revocation by other change;revival upon remarriage.
If, after making a will, the testator is divorced a vinculo matrimonii or hismarriage is annulled, the divorce or annulment revokes any disposition orappointment of property made by the will to the former spouse. Any provisionconferring a general or special power of appointment on the former spouse andany nomination of the former spouse as executor, trustee, conservator orguardian, unless the will expressly provides otherwise, shall also berevoked. Property prevented from passing to a former spouse because ofrevocation by divorce or annulment shall pass as if the former spouse failedto survive the testator. The other provisions of the will conferring a poweror office on the former spouse shall be interpreted as if the spouse failedto survive the testator. If the provisions of the will are revoked solelypursuant to this section, and there is no subsequent will or inconsistentcodicil, the provisions shall be revived upon the testator's remarriage tothe former spouse. No change of circumstances, other than as described inthis section, shall be deemed to revoke a will.
(1968, c. 656; 1985, c. 429.)