Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


14A .         Ending of marriage

        (1)         In this section —

        Family Court of Australia means the Family Court of Australia created by the Family Law Act;

        Family Law Act means the Family Law Act 1975 of the Commonwealth.

        (2)         A will is revoked by the ending of the testator’s marriage except where —

            (a)         a contrary intention appears in the will; or

            (b)         there is other evidence establishing such an intention.

        (3)         For the purposes of subsection (2), a marriage ends —

            (a)         when a divorce order terminating the marriage takes effect under the Family Law Act; or

            (b)         on the granting of a decree of nullity in respect of the marriage by the Family Court of Australia or the Family Court of Western 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.

        (4)         Subsection (2) —

            (a)         applies where a marriage ends on or after the day on which section 13 of the Wills Amendment Act 2007 comes into operation 1 , whether the will was executed or made before, on or after that day; and

            (b)         does not apply where a marriage ends before that day.

        [Section 14A inserted: No. 27 of 2007 s. 13.]

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback