Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
Family Court of Australia means the Family Court
of Australia created by the Family Law Act;
Family Law Act means the Family Law Act 1975
of the Commonwealth.
(2) A will is revoked
by the ending of the testator’s marriage except where —
(a) a
contrary intention appears in the will; or
(b)
there is other evidence establishing such an intention.
(3) For the purposes
of subsection (2), a marriage ends —
(a) when
a divorce order terminating the marriage takes effect under the Family Law
Act;
(b) on
the granting of a decree of nullity in respect of the marriage by the Family
Court of Australia or the Family Court of Western 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.
(4)
Subsection (2) —
(a)
applies where a marriage ends on or after the day on which section 13 of
the Wills Amendment Act 2007 comes into operation 1 , whether the
will was executed or made before, on or after that day; and
(b) does
not apply where a marriage ends before that day.
[Section 14A inserted by No. 27 of 2007
s. 13.]