In Re Estate of Nash

While death is certain, divorce is not. In this case, the testator anticipated the former but did not prepare for the latter. His will- — executed while he was married and designating his then-spouse as primary beneficiary — remained unchanged when he died, notwithstanding his divorce some two years earlier. The Legislature addressed devises in favor of former spouses by enacting Probate Code section 69, which provides that if a testator divorces after executing a will, provisions that favor the former spouse must be read as if the former spouse predeceased the testator. The question…