• Specific Year
    Any

WILLS ACT 1968 - SECT 20 Revocation of will by testator's marriage, civil union or civil

WILLS ACT 1968 - SECT 20

Revocation of will by testator's marriage, civil union or civil partnership

    (1)     Subject to subsections (2) and (3), if a person marries or enters into a civil union or civil partnership after having made a will, the will is revoked by the marriage, civil union or civil partnership unless the will was expressed to have been made in contemplation of that marriage, civil union or civil partnership.

    (2)     If a testator marries or enters into a civil union or civil partnership after having made a will by which he or she has exercised a power of appointing real property or personal property by will, the marriage, civil union or civil partnership does not revoke the will so far as it constitutes an exercise of that power if the property so appointed would not, in default of the testator exercising that power, pass to an executor under any other will of the testator or to an administrator of any estate of the testator.

    (3)     If a will contains a devise or bequest to, an appointment of property in favour of, or a conferral of a power of appointment on, a person, that is expressed to be in contemplation of the testator marrying, or entering into a civil union or civil partnership with, that person—

        (a)     the devise, bequest, appointment or conferral is not revoked by the marriage, civil union or civil partnership; and

        (b)     the remaining provisions of the will are not revoked by the marriage, civil union or civil partnership unless a contrary intention appears from the will or from evidence admitted under section 12B.