112.315
Revocation by divorce or annulment.
Unless a will evidences a different intent of the testator, the divorce or
annulment of the marriage of the testator after the execution of the will
revokes all provisions in the will in favor of the former spouse of the
testator and any provision in the will naming the former spouse as personal
representative, and the effect of the will is the same as though the former
spouse did not survive the testator. [1969 c.591 §45; 2017 c.169 §48]
112.325 [1969 c.591 §46; repealed by 2015
c.387 §1]
112.335 [1969 c.591 §47; repealed by 2015
c.387 §1]
Notes of Decisions
Matter of Marriage of Ellinwood, 651 P.2d 190 (Or. Ct. App. 1982).
· cites it 2× “Wife’s attorney also prepared a will, which husband signed with the proper formalities, that conforms to this agreement and provides that it is to remain in effect in all subsequent events and is not to be affected by ORS 112.315. 1 Pursuant to the reconciliation agreement, wife…”
In re Est. of Crohn, 494 P.2d 258 (Or. Ct. App. 1972).
· cites it 3× “130 was repealed and replaced by ORS 112.315, ① which provides: “Unless a will evidences a different intent of the testator, the divorce * * * of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse # * Alfred Crohn died…”
Wilkinson v. Pub. Employees Ret. Bd., 69 P.3d 1266 (Or. Ct. App. 2003).
· cites it 2× “* * * The decree shall revoke a will pursuant to the provisions of ORS 112.315.” ORS 112.315, in turn, provides: “Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all…”
In re the Dissolution of the Marriage of Libby, 541 P.2d 1077 (Or. Ct. App. 1975).
· cites it 2× “The decree shall revoke a will pursuant to the provisions of ORS 112.315, but the decree shall not be effective in so far as it affects the marital status of the parties until the expiration of 60 days from the date of the decree, or, if an appeal is taken, until the suit is…”
King v. Davidson, 592 P.2d 231 (Or. Ct. App. 1979).
· cites it 2× “130 was repealed as of July 1, 1970, and replaced by ORS 112.315: "Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former…”
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