New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 12

Effect of marriage on a will

12 Effect of marriage on a will

(cf WPA 15)

(1) A will is revoked by the marriage of a testator.
(2) Despite subsection (1), the following are not revoked by the marriage of the testator:
(a) a disposition to the person to whom the testator is married at the time of his or her death,
(b) 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,
(c) a will made in the exercise of a power of appointment if the property in relation to which the appointment is exercised would not pass to the executor, administrator or NSW Trustee and Guardian if the power of appointment was not exercised.
(3) A will made in contemplation of a particular marriage, whether or not that contemplation is expressed in the will, is not revoked by the solemnisation of the marriage concerned.
(4) A will that is expressed to be made in contemplation of marriage generally is not revoked by the solemnisation of a marriage of the testator.



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