Western Australian Consolidated Acts

WILLS ACT 1970 - SECT 14

14 .         Subsequent marriage

        (1)         A will is revoked by the marriage of the testator except where — 

            (a)         it is made in contemplation of the marriage; or

            (b)         the will is made in exercise of a power of appointment where the property thereby appointed would not in default of appointment pass to the testator’s personal representatives as such.

        (2)         A will made in contemplation of the marriage of the testator is void if the marriage is not solemnised, unless the will provides to the contrary.

        (3)         For the purposes of this section, a will is made in contemplation of a marriage if —

            (a)         it is expressed to be made in contemplation of the marriage; or

            (b)         there is other evidence establishing that the will was made in contemplation of the marriage.

        (4)         Subsection (3)(b) applies to the will of a person dying on or after the day on which section 12 of the Wills Amendment Act 2007 comes into operation  ¹ , whether the will was executed or made before, on or after that day, and the will of a person who died before that day is to be construed as if that section had not come into operation.

        [Section 14 amended by No. 27 of 2007 s. 12.]