Revocation
The first provision in a will is the usual revocation of previous testamentary acts.
Will to be revoked by marriage in certain cases - Wills Act 1959 – Sect 12
Marriage revokes a will unless made in contemplation of marriage. Because many people live in de facto relationships and at the time of making their wills have no intention of getting married a provision that the will is made in contemplation of marriage is included to avoid the unintentional revocation of the will if they marry. It also provides that the will is not void if the marriage does not take place.
Effect of divorce and annulment
In the event of a divorce, a person remains married until the time of “decree absolute”. Divorce does not invalidate a gift if it is for a husband or wife who is named in the will. However, if the gift is made to “my husband” or to “my wife” and there is a decree absolute, the gift is invalidated because after the divorce there will be no “husband” or “wife”. A gift by will lapses as a consequence of annulment of marriage unless a contrary intention is shown.
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Wills - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This Wills Step-by-Step Legal Practice Guide and Precedents contains precedent wills and guidance for the following three situations:
- for a single testator
- for spouse to spouse, and then children; and
- using schedules for use in blended family and other more complex situations
As with all Step-by-Step Guides this guide takes you sequentially through a Wills matter from getting the matter underway and taking instructions, right through to finalisation.
A wide range of issues are discussed including testamentary capacity, revocation, executors, and estate duty. This guide includes a Library of Provisions.