What is the effect of marriage on a will?
13 What is the effect of marriage on a will?
A will is revoked by the marriage of the testator.
Despite subsection (1)—
a disposition to the person to whom the testator is married at the time of his or her death; or
an appointment as executor, trustee, advisory trustee or guardian of the person to whom the testator is married at the time of his or her death; or
a power to exercise, by will, a power of appointment, when, if the testator did not exercise the power, the property so appointed would not pass to the executor or administrator or the State Trustees under section 19 of the Administration and Probate Act 1958—
is not revoked by the marriage of the testator.
Despite subsection (1)—
a will made in contemplation of a marriage (whether or not that contemplation is expressed in the will) is not revoked by the solemnisation of the marriage contemplated; and
a will which is expressed to be made in contemplation of marriage generally is not revoked by the marriage of the testator.
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