Queensland Consolidated Acts

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SUCCESSION ACT 1981 - SECT 15A

Effect of end of civil partnership on a will

15A Effect of end of civil partnership on a will

(1) The termination of a testator’s civil partnership or the finding that a testator’s civil partnership is void revokes—
(a) a disposition to the testator’s former civil partner made by a will in existence when the termination happens or the finding is made; and
(b) an appointment, made by the will, of the former civil partner as an executor, trustee, advisory trustee or guardian; and
(c) any grant, made by the will, of a power of appointment exercisable by, or in favour of, the testator’s former civil partner.
(2) However, the termination of a testator’s civil partnership or the finding that a testator’s civil partnership is void does not revoke—
(a) the appointment of the testator’s former civil partner as trustee of property left by the will on trust for beneficiaries that include the former civil partner’s children; or
(b) the grant of a power of appointment exercisable by the testator’s former civil partner only in favour of children of whom both the testator and the former civil partner are parents.
(3) Subsection (1) does not apply if a contrary intention appears in the will.
(4) If a disposition, appointment or grant is revoked by this section, the will takes effect as if the former civil partner had died before the testator.
(5) In this section—

"civil partner" includes a party to a purported or void civil partnership.

"finding" means finding by a court.

"former civil partner" , in relation to a testator, means the person who was the civil partner of the testator immediately before the termination of the testator’s civil partnership or the finding that the civil partnership is void.

"termination" , of a civil partnership, means termination under the Civil Partnerships Act 2011 , section 19 .

"void" means void under the Civil Partnerships Act 2011 , section 30 .



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