South Australian Consolidated Acts South Australian Consolidated Acts20A—Effect of termination of marriage on will
(1) If, after making a
will, the testator's marriage is terminated, the following provisions apply:
(a) a
disposition of a beneficial interest in property by the will in favour of the
testator's former spouse is revoked;
(b) an
appointment by the will of the testator's former spouse as executor, trustee
or guardian is revoked;
(c) a
grant by the will of a power of appointment exercisable by or in favour of the
testator's former spouse is revoked;
(d) the
will is to have effect with respect to the revocation of such a disposition,
appointment or grant of a power as if the former spouse had died on the date
of termination of the marriage.
(2) This section does
not affect—
(a) a
disposition or grant of a power in accordance with a contract between the
testator and the former spouse under which the testator is or was bound to
dispose of property by will in a particular way; or
(b) a
disposition, appointment or grant of a power if it appears from the terms of
the will that the testator intended that the disposition, appointment or grant
would have effect despite the termination of the marriage; or
(c) a
disposition, appointment or grant of a power if the will is re-executed, or a
codicil is made to the will, after termination of the marriage and the will or
codicil shows no intention of the testator to revoke the disposition,
appointment or grant; or
(d) the
right of a former spouse to make a claim under the Inheritance (Family
Provision) Act 1972 .
(3) For the purposes
of this section—
(a) a
marriage is terminated—
(i)
when a decree of dissolution of a marriage becomes
absolute under the Family Law Act;
(ii)
on the making of a decree of nullity under the Family Law
Act in respect of a purported marriage;
(iii)
on the termination or annulment of a marriage or
purported marriage in accordance with the law of a place outside Australia if
the termination or annulment is recognised in Australia under the Family Law
Act;
(b)
"disposition" of property by a will includes an appointment of property by
will under a power of appointment conferred on the testator;
(c)
"Family Law Act" means the Family Law Act 1975 of the Commonwealth, as
amended from time to time, or an Act of the Commonwealth enacted in
substitution of that Act;
(d)
"spouse" includes a party to a purported marriage.