Record the effect of divorce or annulment on a will
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the will and the date the marriage ended, list gifts, appointments and powers in favour of the former spouse, any contrary intention, and any trust or power for the children the section describes. Do not decide that a gift is revoked.
- What the lawyer must review
- The lawyer decides whether the ending of the marriage is a divorce or annulment as the section defines it, and which provisions are revoked.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the will and the date the marriage ended, list gifts, appointments and powers in favour of the former spouse, any contrary intention, and any trust or power for the children the section describes. Do not decide that a gift is revoked. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Divorce or annulment revokes a beneficial disposition to the former spouse in a will in existence at that time, an appointment of the former spouse as executor, trustee, advisory trustee or guardian, and a grant of a power of appointment exercisable by or in favour of the former spouse. This does not apply if a contrary intention appears in the will.
- It does not revoke the appointment of the former spouse as trustee of property left on trust for beneficiaries that include the former spouse's children, or a power of appointment exercisable by the former spouse exclusively in favour of the children of whom both the testator and the former spouse are the parents.
- Where a disposition, appointment or grant is revoked, the will takes effect as if the former spouse had died before the testator. The section does not affect a direction in the will for payment of an amount in respect of a debt or liability of the testator to the former spouse or to that person's executor or administrator. It also says it does not affect a right to apply under Chapter 3. Chapter 3 was not opened.
- Divorce means a divorce order taking effect under the Family Law Act 1975, a decree of nullity by the Federal Circuit and Family Court of Australia (Division 1), or a dissolution outside Australia that is recognised under that Act. Annulment is defined in the same section. Spouse includes a party to a purported or void marriage. The lawyer decides whether the definition is met.
Sources
- Succession Act 2006 (NSW) s 13 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.