Effect of marriage or divorce on wills
 


Project No. 76(II)

The Wills Amendment Act 2007 which amended the Wills Act 1970 closely adopted the Commission's recommendations. The effect of the amended s 14 is to widen the exceptions to the rule that a will is revoked on marriage such that, provided the will is made in contemplation (express or otherwise) of a marriage, no declaration is required in the will. Further, the Act also inserts s 14A which provides that a testator's will is revoked upon divorce or annulment of the testator’s marriage unless intention to the contrary appears in the will or is established by other evidence.