Wills to be revoked upon divorce: McGinty

People will have their wills automatically revoked on divorce under new State laws coming into effect early in the New Year.

Attorney general Jim McGinty said that currently a will was annulled by marriage but not divorce, demonstrating the need to modernise the outdated 1970 Wills Act.

"A divorcee receives all the assets he or she is entitled to from a former relationship during Family Law property settlements, so there's no reason divorcees should receive further assets when a former spouse dies," Mr McGinty said.

"However, the new Wills Act enables a person to make a will in contemplation of divorce and this is not revoked when the separation occurs."

The Attorney General said the new Act would also give greater effect to a person's intentions in directing how their property was to be dealt with after death.

In a situation where a document had not been properly executed as a will, the Supreme Court could take into account statements about a person's intentions before death.

The court would be able to rectify a will if it did not reflect a testator's intentions because of a clerical error or where the will did not give effect to the deceased person's instructions.

"The court can give effect to an informal will which has been expanded so that people can record their wills on video, DVD or on the computer, rather than only on paper,"
Mr McGinty said.

"The Supreme Court will also be given the power to authorise the making, alteration or revocation of a will on behalf of a person who lacks the capacity to make a valid will for various reasons, whether it be due to injury or disease."