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In force2020 Revised Edition

13. Will to be revoked by marriage except in certain cases

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In plain English

Marriage revokes a person's will, except some wills made under a power of appointment. A will made on or after 29 August 1938 and stated to be made with a marriage in mind is not revoked by that marriage. This applies even to the first, second or later marriage of a person lawfully practising polygamy.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

Every will made by a man or woman shall be revoked by his or her marriage, except a will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not in default of such appointment pass to his or her heir, executor or administrator or the person entitled under the Intestate Succession Act 1967.

(2)

Notwithstanding subsection (1), where a will made on or after 29 August 1938 is expressed to be made in contemplation of a marriage, the will shall not be revoked by the solemnisation of the marriage contemplated; and this subsection shall apply notwithstanding that the marriage contemplated may be the first, second or subsequent marriage of a person lawfully practising polygamy.

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