17Effect of divorce or revocation of deed of relationship on a will

### 17 Effect of divorce or revocation of deed of relationship on a will > > (1)  The ending of a testator's marriage or the revocation under [Part 2 of the](/view/html/inforce/2026-04-12/act-2003-044#HP2@EN) [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) of a deed of relationship registered under that Part to which the testator is a party revokes – > > > > > > (a) any beneficial disposition made by a testator to the testator's spouse in a will in existence at the time the marriage ends or the deed of relationship is revoked; and > > > > > > > (b) any appointment of the testator's spouse as an executor, trustee, advisory trustee or guardian made by the will; and > > > > > > > (c) any grant made by the will of a power of appointment exercisable by, or in favour of, the testator's spouse. > > > (2)  However, the ending of a testator's marriage or the revocation under [Part 2 of the](/view/html/inforce/2026-04-12/act-2003-044#HP2@EN) [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) of a deed of relationship registered under that Part to which the testator is a party does not revoke – > > > > > > (a) the appointment of the testator's spouse as trustee of property left by the will on trust for beneficiaries that include the spouse's children; or > > > > > > > (b) the grant of a power of appointment exercisable by the testator's spouse exclusively in favour of the children of whom both the testator and spouse are parents. > > > (3)  With respect to the revocation of any disposition, appointment or grant by this section, the will is to take effect as if the testator's spouse had died before the testator. > > > (4)  [Subsection (1)](#GS17@Gs1@EN) does not apply if a contrary intention appears in the will or can otherwise be established. > > > (5)  For the purposes of this section, a marriage ends – > > > > > > (a) when a decree of dissolution of the marriage becomes absolute under the *Family Law Act 1975* of the Commonwealth; or > > > > > > > (b) on the granting of a decree of nullity in respect of the marriage by the Family Court of Australia; or > > > > > > > (c) on the dissolution or annulment of the marriage in accordance with the law of a place outside Australia, but only if that dissolution or annulment is recognised in Australia under the *Family Law Act 1975* of the Commonwealth. > > > (6)  In this section – > > > > > ***testator's spouse*** means the person who – > > > > > > > > (a) was the testator's spouse immediately before the marriage ended and includes a party to a purported or void marriage; or > > > > > > > > > (b) was a party to a deed of relationship registered under [Part 2 of the](/view/html/inforce/2026-04-12/act-2003-044#HP2@EN) [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) to which the testator was also a party immediately before a deed of relationship was revoked under that Part, and includes a party to a purported or void deed or relationship under that Part.