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.