WILLS ACT 1970 - SECT 14A

WILLS ACT 1970 - SECT 14A

14A .         Ending of marriage

        (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; or

            (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, 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: No. 27 of 2007 s. 13.]