Find out how divorce or separation can change your Will in England and Wales, what happens to gifts and executors, and how to update your estate plan to reflect your wishes.
If you marry, separate or divorce, your Will may no longer reflect your wishes. In England and Wales the law treats divorce differently to separation, and these differences can have a big impact on who inherits from you and who can act on your behalf. This guide explains what changes automatically, what does not, and the steps you should take to protect your family and your estate.
What happens to your Will when you divorce
In England and Wales, divorce does not automatically invalidate your Will, but it does change certain provisions. After a final divorce, any gift you left to your ex-spouse in your Will will usually be treated as if that person died before you. Likewise, an ex-spouse named as an executor or trustee will no longer be able to act under your Will, unless you have explicitly stated otherwise in the document.
Who inherits instead?
If your ex-spouse was the main beneficiary, the gift they would have received will typically pass to the next person named in your Will, in accordance with your wishes. However, if your Will left everything to your spouse and there are no other beneficiaries named, your estate may be handled as if you had died intestate, which means the rules of intestacy would apply. Those rules are strict and can overlook modern family arrangements, such as unmarried partners or stepchildren, so this is an important reason to update your Will.
Does separation change your Will?
Separation alone does not change your Will. If you are only separated but still legally married, your spouse will still be entitled to inherit under the terms of your Will. If you do not want that to happen, you must update your Will to reflect your changed intentions. That might mean making a new Will or adding a codicil, although codicils can be confusing and prone to error, so many people prefer a new Will.
What about remarriage?
If you remarry, any existing Will you have will usually be revoked automatically, unless it was made in contemplation of that marriage and specifically names the person you are marrying. If your Will is revoked by marriage and you die without making a new Will, your estate will be distributed under the rules of intestacy. This often means your new spouse will inherit most or all of your estate, which may not reflect other wishes you have for children from a previous relationship.
Other documents and nominated beneficiaries
Not everything is controlled by your Will. Some assets use separate nomination rules, for example pension death benefits and life insurance policies. These are governed by the plan provider or policy terms, and may not change automatically on divorce. Review beneficiary nominations on pensions, workplace schemes and life policies and update them if you want a different outcome.
Practical steps to take after separation or divorce
- Review your Will as soon as possible or before you remarry.
- Consider making a new Will rather than relying on codicils, to avoid ambiguity.
- Check nominated beneficiaries on pensions and insurance policies and update them if needed.
- Appoint alternative executors and trustees, and consider including trusts for children to protect their inheritance.
- Talk to your solicitor about how any divorce financial settlement interacts with your estate planning.
Examples
Example 1: You left everything to your spouse and named no other beneficiaries. After your divorce is final, those gifts are treated as if your ex had predeceased you. If you die without a new Will, your estate may be distributed under intestacy rules, which could mean a different relative inherits everything.
Example 2: You named your spouse and your sibling as joint beneficiaries. After divorce, the gift to your spouse is treated as if it did not exist, so your sibling could inherit the share that would otherwise have gone to your spouse.
Get help updating your estate plan
Updating your Will and related documents is important after separation, divorce or remarriage. If you would like help making or updating a Will, we can guide you through the options and draft a document that reflects your wishes clearly.
Book a Will appointment or create a simple Will online with us at our online Will service.
If you want to discuss wider planning, such as trusts for children or powers of attorney, we can help with that too. See our pages on trusts and lasting powers of attorney for more information.
Where to find reliable information
For official guidance about making a Will, see the government advice at GOV.UK Make a will. If you would like to speak to us, please get in touch and we will talk through your situation and the best next steps for your family.
Need help now? If you are going through a divorce or planning to remarry and want to sort your Will, contact us and we will make the process straightforward and clear.
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