Australian Capital Territory Numbered Regulations

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COURT PROCEDURES AMENDMENT RULES 2014 (NO 3) (NO 34 OF 2014) - REG 11

Rule 3010 (2) (j) and (k) and note

substitute

        (j)     whether the deceased person married or entered into a civil union or civil partnership after the will was made and, if so, the date of the marriage or civil union or civil partnership and the name of the spouse or civil union partner or civil partner;

        (k)     if under the Wills Act 1968

, section 20A (Effect of termination of marriage, civil union or civil partnership), the deceased person's marriage, civil union or civil partnership is taken to have been terminated—the date of the termination;

Note 1     The Wills Act 1968

, s 20A (4) provides that a marriage is taken to be terminated if—

        (a)     the marriage ends by divorce under the Family Law Act 1975

(Cwlth); or

        (b)     a decree of nullity is made under the Family Law Act 1975

(Cwlth) in relation to the marriage; or

        (c)     the marriage is annulled in accordance with the law of a place outside Australia if the annulment is recognised in Australia under the Family Law Act 1975

(Cwlth).

Note 2     The Wills Act 1968

, s 20A (4) provides that a civil union is taken to be terminated if the civil union ends under the Civil Unions Act 2012

, div 2.4 (otherwise than on the death of a party to the civil union).

Note 3     The Wills Act 1968

, s 20A (4) provides that a civil partnership is taken to be terminated if the civil partnership ends under the Domestic Relationships Act 1994

, div 4A.4 (otherwise than on the death of a party to the civil partnership).



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