Effect on wills of marriages and civil unions starting and ending and will-makers dying

18 Effect on will of will-maker marrying or entering civil union

(1)

A will is revoked if the will-maker marries or enters a civil union.

(2)

Subsection (1) is—

(a)

overridden by section 10; and

(b)

overridden by subsection (3); and

(c)

qualified by subsection (4).

(3)

Subsection (1) does not apply if—

(a)

either—

(i)

the will expressly says that it is made in contemplation of a particular marriage or civil union; or

(ii)

the will does not expressly say that it is made in contemplation of a particular marriage or civil union but the circumstances existing when it was made show clearly that it was made in contemplation of a particular marriage or civil union; and

(b)

the marriage or civil union that occurs is the contemplated one.

(4)

The exercise by will of a power of appointment is not revoked by the will-maker marrying or entering a civil union if the property appointed would not go to the will-maker’s personal representative if the will-maker did not exercise the power.

Compare: Wills Act 1837 s 18 (UK); 1955 No 94 s 13(1)