Intestate Succession and Wills

ORS 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]

Notes of Decisions

Revocation of will by operation of law is absolute, and repeal of statute which effected the revocation does not revive the will. Butte v. Crohn, 8 Or App 284, 494 P2d 258 (1972)

In action seeking revocation of will by operation of law for divorce, where decedent became Oregon domiciliary after divorce, this section, in effect while decedent was domiciled in Oregon, was applicable rather than former statute in effect at time of divorce. King v. Davidson, 39 Or App 239, 592 P2d 231 (1979), Sup Ct review denied


Last accessed
Jun. 26, 2021