A will made by one spouse generally has no bearing on how marital property is divided in divorce proceedings in Cameroon, as the court's authority to distribute such property operates independently of any testamentary provisions. However, the will remains in force throughout the divorce process and may have important consequences if one spouse passes away before the divorce is concluded, or in respect of any separate, non-marital property.
LEGAL POSITION OF A WILL IN A DIVORCE PROCESS IN CAMEROON
Property Division Authority: A divorce court's jurisdiction to divide matrimonial assets acquired during the marriage supersedes any contrary provisions in a will. As such, even if a will directs that everything be left to one spouse, the court is empowered to reallocate that property in order to achieve a fair and equitable divorce settlement.
Wills During Pending Divorce: Until a final divorce decree is issued, the parties remain legally married, regardless of whether they are separated or in the midst of divorce proceedings. As a result, if one spouse passes away before the divorce is finalized, any existing will — which typically leaves assets to the surviving spouse — will be upheld and enforced by the probate court.
Automatic Revocation After Divorce: Once a final divorce decree has been granted, any provisions in a will that were made in favor of the former spouse are automatically nullified, with the former spouse being treated as though they had died before the person who made the will.
Separate vs. Matrimonial Assets: A will retains the ability to direct the distribution of a spouse's separate property including property owned before the marriage or acquired through gift or inheritance that falls outside the scope of what the divorce court categorizes as matrimonial property.
Changing a Will During Divorce: A spouse may update their will at any point during the divorce process. However, the court may impose temporary restraining orders that prevent either party from changing the beneficiaries named on assets such as life insurance policies or retirement accounts until the divorce has been finalized by court order.
Challenges by Ex-Spouses: Notwithstanding the dissolution of the marriage, a former spouse may retain the right to bring a claim against the deceased's estate where they are able to establish financial dependency, particularly in circumstances where they were in receipt of spousal maintenance at the time of death.