Wills Act 1968

Subject to subsection (2), if, after a testator has made a will, the testator’s marriage, civil union or civil partnership is terminated—

any beneficial gift (including any devise, legacy, estate, interest or appointment of or affecting any real or personal estate, but not including any charge or direction for the payment of any debt) in favour of the former spouse, civil union partner or civil partner of the testator and any power of appointment given to the former spouse, civil union partner or civil partner is revoked; and

any appointment under the will of the former spouse, civil union partner or civil partner of the testator as executor, trustee or guardian shall be taken to be omitted from the will; and

any property that would, but for this subsection, have passed to the former spouse, civil union partner or civil partner of the testator under a beneficial gift referred to in paragraph (a) shall pass as if the former spouse, civil union partner or civil partner had predeceased the testator, but no class of beneficiaries under the will shall close earlier than it would have closed if the beneficial gift had not been revoked.

A beneficial gift or power of appointment is not revoked by subsection (l) (a), and an appointment shall not be taken to be omitted from a will under subsection (l) (b), if—

the Supreme Court is satisfied by any evidence, including evidence (whether admissible before the commencement of this section or not) of statements made by the testator, that the testator did not, at the time of termination of the marriage, civil union or civil partnership, intend to revoke the gift, power of appointment or appointment; or

the gift, power of appointment or appointment is contained in a will that was republished after the termination of the marriage, civil union or civil partnership by a will or codicil that evidences no intention of the testator to revoke the gift, power of appointment or appointment.

Nothing in this section affects—

any right of the former spouse, civil union partner or civil partner of a testator to make an application under the Family Provision Act 1969; or

any direction, charge, trust or provision in the will of a testator for the payment of an amount in respect of a debt or liability of the testator to the former spouse, civil union partner or civil partner of the testator or to the executor of the will, or administrator of the estate, of the former spouse, civil union partner or civil partner.

For this section—

a marriage is taken to be terminated if—

the marriage ends by divorce under the Family Law Act; or

a decree of nullity is made under the Family Law Act in relation to the marriage; or

the marriage is annulled in accordance with the law of a place outside Australia if the annulment is recognised in Australia under the Family Law Act; and

a civil union is taken to be terminated if the civil union ends under the Civil Unions Act 2012, division 2.4 (otherwise than on the death of a party to the civil union); and

a civil partnership is taken to be terminated if the civil partnership ends under the Domestic Relationships Act 1994, division 4A.4 (otherwise than on the death of a party to the civil partnership).

In this section: