An inheritance after divorce

A former spouse is not an heir because the marriage once existed. After a final divorce that tie ends as a ground under the statute. You therefore do not place the former spouse in the first group on the strength of the old wedding. In the file the former spouse can still appear as parent of a child, as a creditor or as a name in an old deed. You write those roles against their own fact. The role of heir arising from the marriage itself stays empty. Ervazo does not derive the status of heir from a wedding photograph or from a shared surname that is still on an account.

A will that still names the former spouse is a different fact. You record that clause as it stands: the date, the notary and the sentence. You do not conclude that the former spouse is thereby an heir, and you also do not conclude that the sentence has lapsed of its own accord. Both conclusions are a judgment. The file keeps the sentence and leaves the consequence open. An assumption in the family that divorce wipes every paper is not a deletion. An assumption that the former spouse nevertheless receives everything because the name is still there is not an outcome either. Two facts stay side by side: the marriage has ended, and the deed names a name.

Also look whether there is a later will. A new deed may have revoked the old one or named a different beneficiary. You place both deeds in the file, with their dates, and you do not strike the old one before it is clear how they relate. That relationship is a question for the notary. A divorce settlement can concern assets. That settlement is again a different document, about the marriage, not automatically about the inheritance. Keep it separate. You do not use the settlement to strike the former spouse quietly as heir or, the other way round, to appoint them.

The records therefore keep to two rules. No heir merely through the former marriage. But the text of every will that still names the former spouse, without an outcome. A child of both does not inherit via the former spouse, but through the child's own tie to the deceased. You note that tie separately, with the birth certificate or another document as the source. Ervazo makes no deed and strikes out no name.