SUCCESSION ACT 1981 - SECT 15B
Effect of end of de facto relationship on a will
SUCCESSION ACT 1981 - SECT 15B
Effect of end of de facto relationship on a will
15B Effect of end of de facto relationship on a will
(1) The ending of a testator’s de facto relationship revokes—
(a) a
disposition to the testator’s former de facto partner made by a will in
existence when the relationship ends; and
(b) an appointment, made by the
will, of the former de facto partner as an executor, trustee, advisory trustee
or guardian; and
(c) any grant, made by the will, of a power of appointment
exercisable by, or in favour of, the testator’s former de facto partner.
(2) However, the ending of a testator’s de facto relationship does not
revoke—
(a) the appointment of the testator’s former de facto partner as
trustee of property left by the will on trust for beneficiaries that include
the former de facto partner’s children; or
(b) the grant of a power of
appointment exercisable by the testator’s former de facto partner only in
favour of children of whom both the testator and the former de facto partner
are parents.
(3) Subsection (1) does not apply if a contrary intention
appears in the will.
(4) If a disposition, appointment or grant is revoked by
this section, the will takes effect as if the former de facto partner had died
before the testator.
(5) In this section—
"former de facto partner" , in relation to a testator, means the person who
was the de facto partner of the testator immediately before the ending of the
testator’s de facto relationship.
