The Wills and Administration Proceedings (Northern Ireland) Order 1994

Effect of dissolution or annulment of marriage

13.—(1) Where, after a testator has made a will, his marriage is dissolved or annulled—

(a) provisions of the will appointing executors or trustees or conferring a power of appointment, if they appoint or confer the power on the former spouse, take effect as if the former spouse had died on the date on which the marriage is dissolved or annulled, and

(b) except as provided in paragraph (2), any property comprising or included in a gift to the former spouse passes as if the former spouse had died on that date.

(2) Where property comprising or included in a gift to the former spouse is a share of residue, the will takes effect as if the gift of the residue were to the other person or persons entitled thereto (and, if more than one, in such shares as to preserve the ratio of their former shares), to the exclusion of the former spouse.

(3) Paragraphs (1) and (2) are subject to any contrary intention appearing from the will.

(4) Paragraph (1)(b) is without prejudice to any rights of the former spouse to apply for financial provision under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979(1).

(5) In this Article, “dissolved or annulled” means—

(a) dissolved by a decree of divorce or annulled by a decree of nullity of marriage granted under the law of any part of the United Kingdom or the Channel Islands or under the law of the Isle of Man, or

(b) dissolved or annulled in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man by a divorce or annulment which is entitled to be recognised as valid by the law of Northern Ireland;

and “the former spouse” means the person whose marriage with the testator was so dissolved or annulled.

(1)

1979 NI 8