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StatuteWills Act 2007

Section 18 — Wills Act 2007: Effect on will of will-maker marrying or entering civil union

Text of the provision Official document

18 Effect on will of will-maker marrying or entering civil union (1) A will is revoked if the will-maker marries or enters a civil union. (2) Subsection (1) is— (a) overridden by section 10 ; and (b) overridden by subsection (3); and (c) qualified by subsection (4). (3) Subsection (1) does not apply if— (a) either— (i) the will expressly says that it is made in contemplation of a particular marriage or civil union; or (ii) the will does not expressly say that it is made in contemplation of a particular marriage or civil union but the circumstances existing when it was made show clearly that it was made in contemplation of a particular marriage or civil union; and (b) the marriage or civil union that occurs is the contemplated one. (4) The exercise by will of a power of appointment is not revoked by the will-maker marrying or entering a civil union if the property appointed would not go to the will-maker's personal representative if the will-maker did not exercise the power. Compare: Wills Act 1837 s 18 (UK); 1955 No 94 s 13(1)

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.