Northern Territory Consolidated Acts

WILLS ACT - SECT 15

(1) In this section "testator's spouse" means the person who is the testator's spouse immediately before the testator's marriage ends by divorce or annulment.

(2) For the purposes of this section, a testator's marriage ends by divorce or annulment -

(a) when a decree of dissolution of the testator's marriage becomes absolute under the Family Law Act 1975 of the Commonwealth;

(b) on the granting of a decree of nullity in respect of the testator's marriage by the Family Court of Australia; or

(c) on the dissolution or annulment of the marriage in accordance with the law of a place outside Australia, but only if that dissolution or annulment is recognised in Australia under the Family Law Act 1975 of the Commonwealth.

(3) The divorce of a testator or annulment of his or her marriage revokes -

(a) a beneficial disposition made by the testator to the testator's spouse in a will in existence at the time of the divorce or annulment;

(b) an appointment of the testator's spouse as an executor, trustee, advisory trustee or guardian made by the will; and

(c) a grant made by the will of a power of appointment exercisable by or in favour of the testator's spouse.

(4) Subsection (3) does not apply if a contrary intention appears in the will or is otherwise established.

(5) The divorce of a testator or the annulment of his or her marriage does not revoke -

(a) the appointment of the testator's spouse as trustee of property left on trust for beneficiaries that include the spouse's children by a will in existence at the time of the divorce or annulment; or

(b) the grant made by the will of a power of appointment exercisable by the testator's spouse exclusively in favour of the children of whom both the testator and his or her spouse are the parents.

(6) A will referred to in this section takes effect in respect of the revocation by this section of a disposition, appointment or grant as if the testator's spouse had died before the testator.