Subdiv 4Alteration, revocation and revival of wills

Subdivision 4—Alteration, revocation and revival of wills 16—Alteration of will (1) No obliteration, interlineation or other alteration made in a will after its execution is valid or has any effect except so far as the words or effect of the will before such alteration are not apparent (unless the alteration is executed in the manner in which a will is required by this Act to be executed). (2) However, the will with the alteration as part of the will is to be taken to be duly executed if the signature of the testator and the subscription of the witnesses are made in the margin or on some other part of the will opposite or near to the alteration or at the foot or end of or opposite to a memorandum referring to the alteration and written at the end or some other part of the will. 17—Revocation of will (1) A will or part of a will may be revoked but only— (a) if the revocation (whether by a will or other means) is authorised by an order under section 6 or 7; or (b) by the operation of section 18 or 19; or (c) by a later will; or (d) by some writing that declares an intention to revoke the will and is executed in the manner in which this Act requires a will to be executed; or (e) by the testator, or by some person in the testator's presence and at the testator's direction— (i) burning, tearing or otherwise destroying the will or the part of the will with the intention of revoking it; or (ii) writing on the will or the part of the will or dealing with the will in such a manner that the Court is satisfied from the state of the will that the testator intended to revoke it. (2) No will or part of a will may be revoked by a presumption of an intention on the ground of an alteration in circumstances. 18—Effect of marriage or registered relationship on will (1) Subject to this section, a will is revoked by— (a) the marriage of the testator; or (b) the testator commencing a registered relationship. (2) A will is not revoked by marriage if the will was made in the exercise of a power of appointment when the real or personal property thereby appointed would not in default of such appointment pass to the person's heir executor or administrator, or the person entitled as the person's next of kin under Part 5. (3) A will made on or after 27 February 1969 that is expressed to be made in contemplation of marriage is not revoked by the solemnisation of the marriage contemplated. (4) A will made on or after 1 August 2017 that is expressed to be made in contemplation of the registration of a relationship under the Relationships Register Act 2016 is not revoked by the commencement of the registered relationship contemplated. 19—Effect of end of marriage or registered relationship on will (1) If, after a will is made, the testator's marriage or registered relationship is ended— (a) any disposition of a beneficial interest in property by the will in favour of the testator's former spouse or partner is revoked; and (b) any appointment by the will of the testator's former spouse or partner as an executor, trustee or guardian is revoked; and (c) any grant by the will of a power of appointment exercisable by, or in favour of, the testator's former spouse or partner is revoked, and the will is to have effect with respect to the revocation of such a disposition, appointment or grant of a power as if the former spouse or partner had died on the date that the marriage or registered relationship ended. (2) However, the ending of the testator's marriage or registered relationship does not affect the following: (a) a disposition or grant of a power in accordance with a contract between the testator and the former spouse or partner under which the testator is or was bound to dispose of property by will in a particular way; (b) a disposition, appointment or grant of a power where it appears from the terms of the will that the testator intended that the disposition, appointment or grant would have effect despite the ending of the marriage or registered relationship; (c) a disposition, appointment or grant of a power where if the will is re‑executed, or a codicil is made to the will, after the ending of the marriage or registered relationship and the will or codicil shows no intention of the testator to revoke the disposition, appointment or grant. (3) Nothing in this section affects a right of the former spouse of a testator to make an application under Part 6. partner, in relation to a registered relationship, means either of the parties to the relationship; spouse includes a party to a purported marriage. 20—Effect of change in testator's domicile A change of domicile of a testator after the execution of the testator's will does not revoke or invalidate the will or change its construction. 21—Revival of revoked will (1) A will or part of a will that has been revoked is revived only by— (a) re‑execution of the will; or (b) execution of a will showing an intention to revive the will or part. (2) A revival of a will that was partly revoked and later revoked as to the balance only revives that part of the will most recently revoked. (3) Subsection (2) does not apply if a contrary intention appears in the reviving will. (4) A will that has been revoked and is later wholly or partly revived is taken to have been executed on the day on which the will is revived.