Succession Act 2006

The divorce of a testator or annulment of his or her marriage revokes—

a beneficial disposition to the testator’s former spouse made by a will in existence at the time of the divorce or annulment, and

an appointment of the testator’s former spouse as an executor, trustee, advisory trustee or guardian made by the will, and

a grant made by the will of a power of appointment exercisable by, or in favour of, the testator’s former spouse.

Subsection (1) does not apply if a contrary intention appears in the will.

The divorce of a testator or the annulment of his or her marriage does not revoke—

the appointment of the testator’s former spouse as trustee of property left by the will on trust for beneficiaries that include the former spouse’s children, or

the grant of a power of appointment exercisable by the testator’s former spouse exclusively in favour of the children of whom both the testator and the former spouse are the parents.

If a disposition, appointment or grant is revoked by this section, the will takes effect in respect of the revocation as if the testator’s former spouse had died before the testator.

Nothing in this section affects—

any right of the former spouse of a testator to make any application under Chapter 3 of this Act, or

any direction, charge, trust or provision in the will of a testator for the payment of any amount in respect of a debt or liability (including any liability under a promise) of the testator to the former spouse of the testator or to the executor or the administrator of the estate of the former spouse.

In this section—

the annulment of the testator’s marriage by the Federal Circuit and Family Court of Australia (Division 1), or

the annulment of the testator’s marriage under a law of a place outside Australia, if the annulment is recognised in Australia under the Family Law Act 1975 of the Commonwealth.

a divorce order in relation to the marriage taking effect under the Family Law Act 1975 of the Commonwealth, or

a decree of nullity in respect of the marriage by the Federal Circuit and Family Court of Australia (Division 1), or

the dissolution of the marriage in accordance with the law of a place outside Australia, if the dissolution is recognised in Australia under the Family Law Act 1975 of the Commonwealth.