The Revocation and revival of wills: The revocation of will by marriage

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Queensland: (1)A will is revoked by the marriage of the testator, except the following:(a) a disposition to person to whom testator is married at time of his/her death, &(b) any appointment as executor/trustee/advisory/trustee/guardian of person to whom testator is married at time of his/her death, and (c) a will made in exercise of a power of appointment, if property so appointed would not pass to executor/administrator or [name of the appropriate statutory body and name of legislation of the jurisdiction that governs the vesting of an intestate's estate until administration is granted in respect of the intestate's estate] if the power of appointment was not exercised.(2) A will made in contemplation of a marriage, whether or not that contemplation is expressed in the will, is not revoked by solemnisation of marriage contemplated.(3) A will that is expressed to be made in contemplation of marriage generally is not revoked by solemnisation of a marriage of testator. http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s14.html


New South Wales: (1)A will is revoked by the marriage of the testator, except the following:(a) a disposition to person to whom testator is married at time of his/her death, &(b) any appointment as executor/trustee/advisory/trustee/guardian of person to whom testator is married at time of his/her death, and (c) a will made in exercise of a power of appointment, if property so appointed would not pass to executor/administrator or [name of the appropriate statutory body and name of legislation of the jurisdiction that governs the vesting of an intestate's estate until administration is granted in respect of the intestate's estate] if the power of appointment was not exercised.(2) A will made in contemplation of a marriage, whether or not that contemplation is expressed in the will, is not revoked by solemnisation of marriage contemplated.(3) A will that is expressed to be made in contemplation of marriage generally is not revoked by solemnisation of a marriage of testator. http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s12.html


Northern Territory: (1)A will is revoked by the marriage of the testator, except the following:(a) a disposition to person to whom testator is married at time of his/her death, &(b) any appointment as executor/trustee/advisory/trustee/guardian of person to whom testator is married at time of his/her death, and (c) a will made in exercise of a power of appointment, if property so appointed would not pass to executor/administrator or [name of the appropriate statutory body and name of legislation of the jurisdiction that governs the vesting of an intestate's estate until administration is granted in respect of the intestate's estate] if the power of appointment was not exercised.(2) A will made in contemplation of a marriage, whether or not that contemplation is expressed in the will, is not revoked by solemnisation of marriage contemplated.(3) A will that is expressed to be made in contemplation of marriage generally is not revoked by solemnisation of a marriage of testator. http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s14.html


South Australia: (1)Subject to subsection (2),every will is revoked by marriage (except a will made in exercise of a power of appointment when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir executor or administrator, or the person entitled as his or her next of kin under the Statute of Distributions). (2) A will made after commencement of Wills Act Amendment Act 1969 which is expressed to be made in contemplation of marriage, is not revoked by the solemnisation of marriage contemplated. http://www.austlii.edu.au/au/legis/sa/consol_act/wa193691/s20.html


Tasmania: (1)A will is revoked by the marriage of the testator or registration of a deed of relationship to which testator os party, except the following:(a) a disposition to person to whom testator is married or is in relationship at time of his/her death, &(b) any appointment as executor/trustee/advisory/trustee/guardian of person to whom testator is married or is in relationship at time of his/her death, and (c) a will made in exercise of power of appointment, if property so appointed would not pass to executor/administrator or [name of the appropriate statutory body and name of legislation of the jurisdiction that governs the vesting of an intestate's estate until administration is granted in respect of the intestate's estate] if the power of appointment was not exercised.(2) A will made in contemplation of a marriage or registration of a deed of relationship, whether or not that contemplation is expressed in the will, is not revoked by solemnisation of marriage contemplated.(3) A will that is expressed to be made in contemplation of marriage generally is not revoked by solemnisation of a marriage or the registration of a deed of relationship of testator. http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s16.html


Victoria: (1)A will is revoked by the marriage of the testator, except the following:(a) a disposition to person to whom testator is married at time of his/her death, &(b) any appointment as executor/trustee/advisory/trustee/guardian of person to whom testator is married at time of his/her death, and (c) a will made in exercise of a power of appointment, if property so appointed would not pass to executor/administrator or [name of the appropriate statutory body and name of legislation of the jurisdiction that governs the vesting of an intestate's estate until administration is granted in respect of the intestate's estate] if the power of appointment was not exercised.(2) A will made in contemplation of a marriage, whether or not that contemplation is expressed in the will, is not revoked by solemnisation of marriage contemplated.(3) A will that is expressed to be made in contemplation of marriage generally is not revoked by solemnisation of a marriage of testator. http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s13.html


Western Australia: A will is revoked by the marriage of the testator except where (a)it is made in contemplation of the marriage; or (b) the will is made in exercise of a power of appointment where the property thereby appointed would not in default of appointment pass to the testator’s personal representatives as such. (2) A will made in contemplation of the marriage of the testator is void if the marriage is not solemnised, unless the will provides to the contrary. http://www.austlii.edu.au/au/legis/wa/consol_act/wa197091/s14.html


ACT: (1) Subject to subsections (2) and (3), if a person marries or enters into a civil partnership after having made a will, the will is revoked by the marriage or civil partnership unless the will was expressed to have been made in contemplation of that marriage or civil partnership. (2) If a testator marries or enters into a civil partnership after having made a will by which he or she has exercised a power of appointing real property or personal property by will, the marriage or civil partnership does not revoke the will so far as it constitutes an exercise of that power if the property so appointed would not, in default of the testator exercising that power, pass to an executor under any other will of the testator or to an administrator of any estate of the testator. (3) If a will contains a devise or bequest to, an appointment of property in favour of, or a conferral of a power of appointment on, a person, that is expressed to be in contemplation of the testator marrying, or entering into a civil partnership with, that person—(a) the devise, bequest, appointment or conferral is not revoked by the marriage or civil partnership; and (b) the remaining provisions of the will are not revoked by the marriage or civil partnership unless a contrary intention appears from the will or from evidence admitted under section 12B. http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s12.html


Draft Wills Bill 1997: (1)A will is revoked by the marriage of the testator, except the following:(a) a disposition to person to whom testator is married at time of his/her death, &(b) any appointment as executor/trustee/advisory/trustee/guardian of person to whom testator is married at time of his/her death, and (c) a will made in exercise of a power of appointment, if property so appointed would not pass to executor/administrator or [name of the appropriate statutory body and name of legislation of the jurisdiction that governs the vesting of an intestate's estate until administration is granted in respect of the intestate's estate] if the power of appointment was not exercised.(2) A will made in contemplation of a marriage, whether or not that contemplation is expressed in the will, is not revoked by solemnisation of marriage contemplated.(3) A will that is expressed to be made in contemplation of marriage generally is not revoked by solemnisation of a marriage of testator. http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R85APPENDIXA