Section 76 — Property (Relationships) Act 1976: Effect on will or intestacy of choice of division under this Act

76 Effect on will or intestacy of choice of division under this Act (1) Unless the will (if any) of the deceased spouse or partner expresses a contrary intention,— (a) every gift to the surviving spouse or partner in the will of the deceased spouse or partner (if any) is to be treated (for all purposes) as having been revoked; and (b) the will of the deceased spouse or partner (if any) is to be interpreted as if the surviving spouse or partner had died before the deceased spouse or partner; and (c) the estate of the deceased spouse or partner must be distributed accordingly. (2) The reference in subsection (1)(a) to gifts to the surviving spouse or partner in the will of the deceased spouse or partner includes the whole of the interest of the surviving spouse or partner as a beneficiary in any real or personal property to which the surviving spouse or partner would otherwise be entitled under the will of the deceased spouse or partner. (3) The surviving spouse or partner has no entitlement under Part 3 of the Administration Act 1969 . (4) This section is subject to section 77 . Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Section 76 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear.