Divorce and Your Will: What Changes After Separation

Divorce is emotionally and practically demanding, and your Will is one of the documents people often forget to review. Whether you are separated, heading towards divorce, or have already obtained a decree absolute, it is important to understand how divorce and your will interact in England and Wales so your wishes are followed and your family is protected.

What happens to a Will when you separate?

Separation alone does not change the legal status of your Will. If you are still legally married, your Will remains valid and any gifts to your spouse remain effective. That means your spouse could still inherit under your Will or under the rules of intestacy if you have no Will. If you have children, remember that they will inherit under intestacy rules in certain proportions alongside a spouse, but a new partner will not be provided for unless you make a Will to include them.

What changes after divorce?

After a divorce is final, the law treats certain parts of a Will differently. In many cases your former spouse will be treated as if they had died on the date of the divorce for the purposes of your Will. Practically, this means:

• Any appointment of your ex-spouse as executor is automatically cancelled.
• Gifts to your ex-spouse in the Will are usually treated as if that person predeceased you, so those gifts do not take effect.
• If the Will named your ex-spouse as a beneficiary of the bulk of your estate, the share they would have received will be distributed as if they had died, which can have unexpected results unless you update your Will.

Because intestacy rules and the reading of your Will after divorce can produce surprising outcomes, you should review and update your Will as soon as you can.

Practical considerations after divorce

• Beneficiaries, review who you have named. Your children will usually inherit and are straightforward to provide for, but stepchildren and a new partner will not automatically be included unless you expressly include them in a Will.
• Executors, appoint at least two people you trust who are over 18. Many people appoint a family member and a professional, or more than one family member, to avoid delays if one person cannot act.
• Guardians, if you have children under 18, appoint a guardian in your Will. The appointment normally takes effect only if there is no surviving parent, but naming someone you trust avoids uncertainty.
• Inheritance Tax, remember that the nil-rate band for IHT is £325,000 for an estate, and the spouse exemption no longer applies to ex-spouses. That can affect tax planning, and you may need to review trusts or other measures to protect children or vulnerable beneficiaries.

Options to use in a new Will

When you update your Will, you can use a range of tools to reflect your new circumstances. You might include specific gifts, create a life interest trust to provide for a dependent while preserving capital for your children, or set up trusts to protect assets for young beneficiaries. Trusts can also be useful where you want to provide for a new partner without allowing them to dispose of capital that you want to pass to your children.

Lasting Powers of Attorney and other documents

Divorce is a good prompt to check other documents too. If you have Lasting Powers of Attorney, you may want to review or replace your attorneys so the people who can make decisions for you are the people you trust. You can find more about LPAs on our Lasting Power of Attorney page.

Simple steps to take now

1. Locate your existing Will and read it carefully.
2. Make a list of who you want to benefit, who you want as executors, and who should look after any children.
3. Contact a solicitor or professional Will writer to update or make a new Will. If you want a convenient option, consider an online Will or book a review with our team.
4. Review your LPAs and any trust arrangements, and update beneficiary nominations on pensions and life policies.

For details on what happens if someone dies without a Will, see the government guidance on intestacy, which explains who inherits under English and Welsh law: gov.uk - Inherits if someone dies without a will.

Need help updating your Will? Our Will specialists can guide you through revising executors, adding trusts, or creating a new Wilt that reflects your circumstances. Get expert Will-writing help or contact us to arrange a consultation.

If you are managing an estate after divorce, our probate team can advise on the application process and the practical steps for executors. Find out about probate or speak to us about trusts to protect inheritance for children and other beneficiaries: learn about trusts.

Updating your Will after separation or divorce is one of the most effective ways to make sure your wishes are respected and your loved ones are supported. It does not have to be complicated, and getting professional advice will ensure your documents work for your family now and in the years ahead.