Recognition of same sex divorces and annulments before 9 December 2017
16 Recognition of same sex divorces and annulments before 9 December 2017
Section 13 (1) extends to a recognised divorce or annulment, subject to this clause.
A disposition, appointment or grant in a will made before 9 December 2017 is taken to be revoked under section 13 (1) by the divorce of the testator or the annulment of the testator’s marriage if—
the divorce or annulment occurred after the will was made, and
the divorce or annulment is a recognised divorce or annulment.
The disposition, appointment or grant is taken to have been revoked on 9 December 2017.
However, section 13 (1) does not apply to a recognised divorce or annulment if the testator died before 9 December 2017.
If a will was made after the date on which a recognised divorce or annulment occurred, a disposition, appointment or grant made by the will is not revoked under section 13 (1), even if the divorce or annulment did not become a recognised divorce or annulment until after the date the will was made.
This clause is subject to the exceptions provided for in section 13.
If a will was made before the commencement of this Act (1 March 2008) and the divorce or annulment occurred before that date, section 15A of theProbate and Administration Act 1898 (as in force immediately before that date) applies in relation to the will in the same way as section 13 of this Act applies under the modifications provided for by this clause.
In this clause—
disposition, appointment or grant means a disposition, appointment or grant referred to in section 13 (1) (a), (b) or (c) respectively.
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