Recognition of same sex marriages entered into before 9 December 2017
15 Recognition of same sex marriages entered into before 9 December 2017
Section 12 (1) extends to a recognised same sex marriage, subject to this clause.
A will made by a testator before 9 December 2017 is taken to have been revoked under section 12 (1) by the marriage of the testator if—
the marriage of the testator was solemnised after the will was made, and
the marriage is a recognised same sex marriage.
The will is taken to have been revoked on 9 December 2017, even if by that date the recognised same sex marriage had been annulled or had ended in divorce.
However, section 12 (1) does not apply to a recognised same sex marriage of a testator if the testator died before 9 December 2017.
A will made after the date on which a recognised same sex marriage was solemnised is not revoked under section 12 (1) because of the marriage, even if the marriage did not become a recognised same sex marriage until after the date the will was made.
This clause is subject to the exceptions provided for in section 12.
If a will was made before the commencement of this Act (1 March 2008) and the marriage was solemnised before that date, section 15 of the Probate and Administration Act 1898 (as in force immediately before that date) applies in relation to the will in the same way as section 12 of this Act applies under the modifications provided for by this clause.
Note—
Accordingly, a same sex marriage that was solemnised before 9 December 2017 and that, from 9 December 2017, became recognised in Australia as valid is taken to have revoked a will that was made before the marriage was solemnised, unless the testator died before 9 December 2017.
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