Effect of marriage on a will
14 Effect of marriage on a will
A will is revoked by the marriage of the testator.
Note—For wills made before the commencement of section 7 as inserted by the Succession Amendment Act 2006, see section 76(2) and (3).
However, the following are not revoked by the marriage of the testator—
a disposition to the person to whom the testator is married at the time of the testator’s death;
an appointment as executor, trustee, advisory trustee or guardian of the person to whom the testator is married at the time of the testator’s death;
a will, to the extent it exercises a power of appointment, if the property in relation to which the appointment is exercised would not pass to an executor under any other will of the testator or to an administrator of any estate of the testator if the power of appointment were not exercised.
Also—
a will made in contemplation of a marriage, whether or not that contemplation is stated in the will, is not revoked by the solemnisation of the marriage contemplated; and
a will that is stated to be made in contemplation of marriage generally is not revoked by the solemnisation of a marriage of the testator.
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