Q&As

Is a Will valid after divorce?

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Published on LexisPSL on 27/02/2019

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Is a Will valid after divorce?

Is a Will valid after divorce?

Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act 1837 (WA 1837) provides that any gift to the former spouse in the Will is to be treated as if the former spouse had died at the date of the divorce. There is an exception to this rule where a contrary intention appears in the Will. Hence, any gift to be made to the soon to be former spouse must be worded clearly to demonstrate the testator’s intention that it is to apply even after the divorce. See Practice Note: Revocation of Wills and Revocation, republication and revival of Wills—overview.

WA 1837, s 18 also provides that a Will is automatically revoked on marriage. This may be relevant if the testator

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