One of the latest developments in divorce legislation is the fact that if grounds for divorce have occurred (i.e. both parties having filed affidavits of consent or one party having filed a 2-year separation affidavit) and one of the parties dies, the Court retains the right to equitably divide the parties’ property.  This means that a party’s Will can be ignored or if a party dies without a Will, the Court can override the Statute as to who inherits the property.  This can have far reaching consequences that clients must be aware of when planning for the future.