Do I need a new Will after divorce?

Divorce brings change to almost every part of life, from where you live to how you manage money. Your Will is easy to forget in the middle of it all. Many people assume divorce cancels a Will automatically. In England and Wales, that is not quite how it works.

What divorce does to an existing Will

Under section 18A of the Wills Act 1837, when a marriage is dissolved or annulled, your former spouse is treated as if they had died on the date of the divorce. This applies to:

any gifts you left them in your Will, unless the Will says otherwise
any appointment of them as executor or trustee

The rest of your Will still stands. That sounds tidy, but it can leave gaps. For example, if you left everything to your ex-spouse, that gift fails, and your estate may then pass in ways you did not plan.

The same rules apply to civil partnerships that are dissolved.

The important point about separation

These rules only apply once the divorce is final. During separation, and until the final order, your Will usually still works as written. If you were to die during that period, your spouse could still inherit under your Will, and may still be your executor.

If you die without a Will while still legally married, your spouse may also inherit under the intestacy rules. For this reason, many people review their Will as soon as they separate, not just when the divorce is complete.

Why a new Will is often a good idea

GOV.UK lists separation and divorce among the life changes when you should review your Will. You can read more on its page about updating your Will. A fresh Will can help you:

Choose new executors. If your ex was your only executor, you may have no one left in the role.
Redirect gifts. Decide clearly who should inherit instead.
Protect children. Consider guardians and whether money should be held in trust until they are older.
Reflect a financial settlement. Make sure your Will fits with any court order about property or pensions.
Plan for a new partner. If you are in a new relationship, decide what you want for them.

Codicil or new Will?

GOV.UK explains that you cannot amend a Will after it has been signed and witnessed. The only way to change it is with a codicil, which must be signed and witnessed in the same way. After a divorce the changes are often wide-ranging, so many people find a new Will clearer than a codicil.

What about guardians for children?

If you have children under 18, your ex-partner will usually still have parental responsibility. A guardian named in your Will may not take over while the other parent is alive and has parental responsibility. A professional can explain how this works in your situation. Leaving money in trust for young children can also give you more control over how and when they receive it.

Pensions and insurance

Your Will may not control everything. Pension death benefits and some life insurance policies pay out according to nominations or trusts, not your Will. After a divorce, it is worth checking:

who you have nominated on each pension
who benefits from any life insurance, and whether it is written in trust
whether any policies or accounts are still in joint names

Remarriage cancels a Will

GOV.UK warns that getting married cancels any Will you made before, unless it was made in expectation of that marriage. If you remarry after divorce, your old Will will usually stop working, and you will need a new one.

Could your ex still make a claim?

A former spouse who has not remarried may, in some circumstances, be able to ask the court for financial provision from your estate under the Inheritance (Provision for Family and Dependants) Act 1975. Whether this is likely often depends on your divorce settlement. A professional can explain whether your financial order deals with this.

A simple checklist

Find your current Will and read who it names.
Note any gifts or roles given to your ex-spouse.
List your assets, pensions and policies.
Decide who you want to benefit now.
Think about guardians and trusts for children.
Arrange a new Will, ideally at separation rather than after the final order.

Where to go from here

Our article on when to update a Will covers other changes worth acting on. You might also like to read why estate arrangements need reviewing after life changes, and our explainer on choosing an executor.

If you would like to make a new Will, you can tell us a little about your situation and, with your permission, we will pass your enquiry to up to three suitable firms. WillHarbour is an introduction service, not a solicitor, and the firms will explain their fees before you decide.

Frequently asked questions

Does divorce cancel my Will?

No. In England and Wales, divorce does not cancel your Will. Instead, your former spouse is treated as if they had died on the date of the divorce, so gifts to them and their role as executor usually fail. The rest of the Will still applies.

Does separation affect my Will?

Not on its own. Until the divorce is final, your Will usually works as written, so your spouse could still inherit. Many people review their Will when they separate.

Will getting remarried affect my Will?

Yes. GOV.UK says marriage cancels any Will you made before, unless it was made in expectation of that marriage. You would usually need a new Will.