45Effect of marriage or registered relationship on will

### 45 Effect of marriage or registered relationship on will > > (1)  This rule applies in respect of an application for probate or letters of administration with the will annexed if the will, or part of the will, may be revoked as a consequence of provisions in the Wills Act relating to the effect on a will of – > > > > > > (a) marriage or the registration of a deed of relationship; or > > > > > > > (b) the end of marriage or the revocation of a deed of relationship. > > > (2)  If this rule applies in respect of an application, in addition to the requirements of these Rules of Court, the applicant must – > > > > > > (a) in the affidavit supporting the application – > > > > > > > > > > (i) state whether the whole of the will is, or clearly identify the part of the will that is, affected by the relevant provisions; and > > > > > > > > > > > (ii) state which provision of the Wills Act is relied on to assert that the will or part of the will has not been revoked; and > > > > > > > (b) annex to the affidavit supporting the application certified copies of each of the following documents that is applicable in the circumstances: > > > > > > > > > > (i) a certificate of marriage given under the [Births, Deaths and Marriages Registration Act 1999](/view/html/inforce/2026-04-12/act-1999-058) , or an equivalent document under a corresponding law; > > > > > > > > > > > (ii) an order or other document showing the registration of a deed of relationship in accordance with the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) ; > > > > > > > > > > > (iii) an order or other document proving the end of a marriage; > > > > > > > > > > > (iv) an order or other document revoking a deed of relationship in accordance with the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) . > > > (3)  If an application to which this rule applies is an application for probate or letters of administration with the will annexed which relies on facts and circumstances not clearly expressed in the will to assert that the will or part of the will is not revoked as a consequence of the relevant provisions, then the applicant must also do the following in the affidavit supporting the grant: > > > > > > (a) state the facts and circumstances relied on to assert that the will, or part of the will, has not been revoked as a consequence of the relevant provisions; > > > > > > > (b) provide any additional affidavit material necessary to support the application, or required by the Court, a judge or the Registrar.