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Key decisions

  • Reilly v Reilly [2017] NSWSC 1419
  • Cunningham (Trustee) v Gapes, IMO Gapes (Bankrupt) [2017] FCA 787
  • Re Nichol; Nichol v Nichol [2017] QSC 220
  • Bruce v Cobcroft [2017] NSWSC 1464
  • In the Matter of R, J [2017] SASC 153
  • Walton v Hartmann as executor of the Estate of Resler [2017] NSWSC 1432
  • Griffiths v German [2017] NSWSC 1392
  • William Bkassini v Sonya Sarkis [2017] NSWSC 1487
  • I L Pardey v A W Pardey [2017] NSWSC 1413
  • Hartley v Woods [2017] NSWSC 1420

Revocation of will by reason of same sex marriage

Section 12 of the Succession Act 2006 provides that a testator’s will is revoked by his or her marriage. Marriage is not defined, but there is no reason to think that it wouldn’t describe every union made in conformity with the Marriage Act 1961 (Cth). From some date in early 2018, that is likely to include a same-sex marriage. The marriage does not revoke a disposition in favour of the person to whom the testator is married at the time of his or her death (or appointment of that person as executor), although the balance of the will is revoked. Practitioners may wish to alert clients to these consequences so appropriate arrangements can be made in advance of the marriage (such as a codicil stating that the will is made in contemplation of the marriage).

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