Succession Act 1981

The ending of a testator’s de facto relationship revokes—

a disposition to the testator’s former de facto partner made by a will in existence when the relationship ends; and

an appointment, made by the will, of the former de facto partner 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 de facto partner.

However, the ending of a testator’s de facto relationship does not revoke—

the appointment of the testator’s former de facto partner as trustee of property left by the will on trust for beneficiaries that include the former de facto partner’s children; or

the grant of a power of appointment exercisable by the testator’s former de facto partner only in favour of children of whom both the testator and the former de facto partner 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 de facto partner had died before the testator.

In this section—former de facto partner, in relation to a testator, means the person who was the de facto partner of the testator immediately before the ending of the testator’s de facto relationship.