Succession Act 1981

A testator’s divorce or the annulment of a testator’s marriage revokes—

a disposition to the testator’s former spouse made by a will in existence when the divorce or annulment happens; and

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

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

Note—For wills made before the commencement of section 7 as inserted by the Succession Amendment Act 2006, see section 76(4) and (5).

However, a testator’s divorce or the annulment of a testator’s 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 only in favour of children of whom both the testator and the former spouse are parents.

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

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

In this section—annulment, in relation to a testator, means—

the granting of a decree of nullity in relation to the testator’s marriage by the Family Court of Australia; or

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

divorce, in relation to a testator, means—

the taking effect of a divorce order for the testator under the Family Law Act 1975 (Cwlth); or

the dissolution of the testator’s marriage under the law of a place outside Australia, if the dissolution is recognised in Australia under the Family Law Act 1975 (Cwlth).

former spouse, in relation to a testator, means the person who was the spouse of the testator immediately before the divorce or annulment.spouse includes a party to a purported or void marriage.