The commencement of a registered relationship under the Relationships Register Act 2016 (SA) or marriage under the Marriage Act 1961 (Cth) automatically revoke a will unless the will was made in contemplation of the registered relationship or marriage and this was stated in the will. In contemplation of the registered relationship/marriage means that the testator was planning to commence the registered relationship or marry at the time of making the will, and the will is made with this in mind [Wills Act 1936 (SA) s 20].
The end of a registered relationship or marriage revokes any bequest to the former spouse or partner or appointment of the former spouse or partner as executor unless it is clear from the will that the end of the registered relationship or marriage is to have no effect [s 20A]. The Act defines when a registered relationship or marriage is taken to have ended.
It is wise to seek legal advice about a will after commencing a registered relationship, marriage or separation.
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