Testamentary documents and special destinations

1Effect of divorce, dissolution or annulment on will

1

This section applies where—

a

a person (“the testator”) by a will—

i

confers a benefit or power of appointment on a person, or

ii

appoints a person as a trustee or executor,

b

that person (“P”) is, or becomes, the testator’s spouse or civil partner,

c

the marriage or civil partnership is terminated, and

d

the testator then dies.

2

P is to be treated as having died before the testator for the purposes of the will except for the purposes of any appointment of P or another person as a guardian.

3

Subsection (2) does not apply if the will expressly provides that P is to—

a

have the benefit or power of appointment, or

b

be so appointed as a trustee or executor,

even if the marriage or civil partnership is terminated.

4

For the purposes of this section, a marriage is terminated in the event of divorce or annulment and a civil partnership is terminated in the event of dissolution or annulment.

5

In this section, references to “divorce”, “dissolution” and “annulment” are to divorce, dissolution or annulment—

a

obtained from a court of civil jurisdiction in the United Kingdom, the Channel Islands or the Isle of Man, or

b

if not so obtained, the validity of which is recognised in Scotland.