Divorce Negated Gifts to Step-Grandchildren

Testamentary gifts to step-grandchildren that were conditioned upon their grandmother (the decedent’s wife) not electing against the will and not recovering assets “in our divorce after my death” were ineffective by reason of a final decree of divorce (and equitable division of marital assets) even though the decree was entered before death and even though the scrivener of the will testified that the testator was concerned about equitable division after his death and not before. Cassidy Estate, 12 Fid.Rep.3d 423 (Bucks O.C. 2022), rev’d, d, 2023 PA Super 101, ___ A.3d. ___ (6/9/2023).

[Revised on 6/26/2023 to correct error in summary of holding.]

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