Part 2 — Wills Interpretation and Application of Part 2
25 Gifts to ex-spouse or former adult interdependent partner
death, the testator's marriage is terminated by a divorce judgment
or found by a court to be void or the testator ceases to be the adult
interdependent partner of an individual, then unless the Court, in
interpreting the will, finds that the testator had a contrary intention,
any provision in the will that
(a) gives a beneficial interest in property to the testator's former
spouse or to the individual, whether personally or as a
member of a class of beneficiaries,
(b) gives a general or special power of appointment to the
testator's former spouse or to the individual, or
(c) appoints the testator's former spouse or the individual as an
executor, a trustee or a guardian of a child under the Family
Law Act
is deemed to have been revoked and, for the purposes of clauses (a)
to (c), the will is to be interpreted as if the former spouse or
individual had predeceased the testator.
(2) Subsection (1) does not apply in respect of an individual
(a) who is a former adult interd ependent partner of the testator,
and
(b) who is also
(i) the spouse of the testator at the time of the testator's
death, or
(ii) related to the testat or by blood or adoption.
(3) This section applies only in respect of the will of a testator
(a) whose marriage is termina ted by a divorce judgment or
found to be void, or
(b) who becomes a former adult interdependent partner
on or after February 1, 2012, and applies regardless of when the
will was made.
2010 cW-12.2 s25;2011 c20 s13;2014 c13 s13