---
title: "Record the effect of divorce or annulment on a will"
url: "https://ailawframework.com/practice/trusts-and-estate-planning/record-the-effect-of-divorce-or-annulment-on-a-will"
type: "task"
site: "AI Law Framework"
id: "A19-JU20261022-22"
practice_area: "Trusts & Estate Planning"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record the effect of divorce or annulment on a will

> 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.…

Canonical page: https://ailawframework.com/practice/trusts-and-estate-planning/record-the-effect-of-divorce-or-annulment-on-a-will  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Trusts & Estate Planning](https://ailawframework.com/practice/trusts-and-estate-planning.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Divorce or annulment revokes a gift, an appointment and a power in favour of the former spouse, unless the will shows a contrary intention or the section saves the provision.

- What the AI does: 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 does: The lawyer decides whether the ending of the marriage is a divorce or annulment as the section defines it, and which provisions are revoked.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Sources

- [Succession Act 2006 (NSW) s 13](https://classic.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s13.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/trusts-and-estate-planning/record-the-effect-of-divorce-or-annulment-on-a-will/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*