QLDIn ForceAct
Succession Act 1981
sec.14AEffect of civil partnership on a will
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### sec.14A Effect of civil partnership on a will
A will is revoked by the testator entering into a civil partnership.
However, the following are not revoked by the testator entering into a civil partnership—
a disposition to the person with whom the testator is in a civil partnership at the time of the testator’s death;
an appointment as executor, trustee, advisory trustee or guardian of the person with whom the testator is in a civil partnership at the time of the testator’s death;
a will, to the extent it exercises a power of appointment, if the property in relation to which the appointment is exercised would not pass to an executor under any other will of the testator or to an administrator of any estate of the testator if the power of appointment were not exercised.
Also—
a will made in contemplation of a civil partnership, whether or not that contemplation is stated in the will, is not revoked by the registration of the civil partnership contemplated; and
a will that is stated to be made in contemplation of a civil partnership generally is not revoked by the registration of a civil partnership of the testator.
s 14A ins 2011 No. 46 s 86
amd 2012 No. 12 s 57 ; 2015 No. 33 s 50
(sec.14A-ssec.1) A will is revoked by the testator entering into a civil partnership.
(sec.14A-ssec.2) However, the following are not revoked by the testator entering into a civil partnership— a disposition to the person with whom the testator is in a civil partnership at the time of the testator’s death; an appointment as executor, trustee, advisory trustee or guardian of the person with whom the testator is in a civil partnership at the time of the testator’s death; a will, to the extent it exercises a power of appointment, if the property in relation to which the appointment is exercised would not pass to an executor under any other will of the testator or to an administrator of any estate of the testator if the power of appointment were not exercised.
(sec.14A-ssec.3) Also— a will made in contemplation of a civil partnership, whether or not that contemplation is stated in the will, is not revoked by the registration of the civil partnership contemplated; and a will that is stated to be made in contemplation of a civil partnership generally is not revoked by the registration of a civil partnership of the testator.
- (a) a disposition to the person with whom the testator is in a civil partnership at the time of the testator’s death;
- (b) an appointment as executor, trustee, advisory trustee or guardian of the person with whom the testator is in a civil partnership at the time of the testator’s death;
- (c) a will, to the extent it exercises a power of appointment, if the property in relation to which the appointment is exercised would not pass to an executor under any other will of the testator or to an administrator of any estate of the testator if the power of appointment were not exercised.
- (a) a will made in contemplation of a civil partnership, whether or not that contemplation is stated in the will, is not revoked by the registration of the civil partnership contemplated; and
- (b) a will that is stated to be made in contemplation of a civil partnership generally is not revoked by the registration of a civil partnership of the testator.