A report by the Law Reform Commission has recommended that divorce should alter a person's right to inherit property owned by a deceased former spouse.
The Commission said any gifts to a former spouse in a will made prior to the divorce should be revoked, except in certain circumstances.
The Commission had been asked to consider the issue of wills and how they were affected by both marriage and divorce.
It found existing provisions relating to the impact of marriage on a will were in general terms adequate, but there was cause for concern over the position relating to the impact of divorce.
Releasing the report today, Attorney General Joe Berinson said that although marriage generally revokes a prior will, divorce does not.
"It has been suggested some testators could be unaware of this, and even those who knew could end up having their property disposed of in ways not intended due to inadvertance, procrastination or incapacity," he said.
The Commission recommended changing the Wills Act to provide a general rule that on the divorce of a testator, any gifts in his or her will in favour of the former spouse should be revoked, and property which would have passed to them should be treated as if the former spouse had predeceased the testator.
This would usually mean other relatives, most often children, would become the new beneficiaries.
The Commission did not believe the entire will should be revoked as it was thought likely the testator would prefer that gifts and appointments in favour of others should stand.
Mr Berinson said the Law Reform Commission had released a discussion paper on the issue in 1990 and considered submissions before compiling its report.
"It is, of course, a very difficult issue which is likely to generate some debate, and I would welcome comment on the report over the next three months."
Copies of the report can be obtained from the Law Reform Commission, 11th floor, KPMG House, 214 St George's Terrace, Perth.
