13What is the effect of divorce or an annulment on a will?

#### 13 What is the effect of divorce or an annulment on a will? 13 What is the effect of divorce or an annulment on a will? (cf WPA 15A) > > (1) The divorce of a testator or annulment of his or her marriage revokes— > > > > > (a) a beneficial disposition to the testator’s former spouse made by a will in existence at the time of the divorce or annulment, and > > > > > (b) an appointment of the testator’s former spouse as an executor, trustee, advisory trustee or guardian made by the will, and > > > > > (c) a grant made by the will of a power of appointment exercisable by, or in favour of, the testator’s former spouse. > > > (2) Subsection (1) does not apply if a contrary intention appears in the will. > > > (3) The divorce of a testator or the annulment of his or her marriage does not revoke— > > > > > (a) the appointment of the testator’s former spouse as trustee of property left by the will on trust for beneficiaries that include the former spouse’s children, or > > > > > (b) the grant of a power of appointment exercisable by the testator’s former spouse exclusively in favour of the children of whom both the testator and the former spouse are the parents. > > > (4) If a disposition, appointment or grant is revoked by this section, the will takes effect in respect of the revocation as if the testator’s former spouse had died before the testator. > > > (5) Nothing in this section affects— > > > > > (a) any right of the former spouse of a testator to make any application under Chapter 3 of this Act, or > > > > > (b) any direction, charge, trust or provision in the will of a testator for the payment of any amount in respect of a debt or liability (including any liability under a promise) of the testator to the former spouse of the testator or to the executor or the administrator of the estate of the former spouse. > > > (6) In this section— > > > > annulment, in relation to a testator, means— > > > > > (a) the annulment of the testator’s marriage by the Federal Circuit and Family Court of Australia (Division 1), or > > > > > (b) the annulment of the testator’s marriage under a law of a place outside Australia, if the annulment is recognised in Australia under the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth. > > > > divorce means the ending of a marriage by— > > > > > (a) a divorce order in relation to the marriage taking effect under the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b) a decree of nullity in respect of the marriage by the Federal Circuit and Family Court of Australia (Division 1), or > > > > > (c) the dissolution of the marriage in accordance with the law of a place outside Australia, if the dissolution is recognised in Australia under the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth. > > > > spouse includes a party to a purported or void marriage. > > > > testator’s former spouse means the person who was the testator’s spouse immediately before the testator’s marriage was ended by divorce or annulment. > > **s 13:** Am 2008 No 75, Sch 1 \[6\]; 2023 No 7, Sch 2.47 \[1\] \[2\].