Divorce is a time of emotional and financial upheaval but one important area that often gets overlooked is your Will. Many people assume that divorce automatically revokes a Will or reassigns who benefits from it. Unfortunately, that’s not the case.
Failing to update your Will after separation or divorce can lead to unintended consequences and in some cases, leave your estate in the hands of someone you no longer wish to benefit.
Does the Divorce cancel a Will?
No, but it does change how your Will is interpreted.
Under the Wills Act 1837, when a marriage is legally dissolved (i.e. the Final Order has been granted), any gift to a former spouse is treated as though they had died on the date of the divorce. Similarly, any appointment of your ex-spouse as executor or trustee will be invalid unless the Will explicitly states otherwise.
However, the rest of the Will remains valid which can create problems if your ex-spouse was the main or only beneficiary, or if there’s no clear back-up plan. In that case, part or all your estate could fall into intestacy.
What If I’m Just Separated?
If you’re separated but not yet divorced, your spouse is still treated as your legal partner. That means they may still inherit under your Will or under the rules of intestacy if you haven’t made one at all.
This can have unintended consequences, particularly where there’s a new partner, children from a previous relationship, or complex family dynamics.
When Should You Update Your Will?
Ideally, you should review your Will:
- At the point of separation
- During divorce proceedings
- Immediately after the divorce is finalised
- After any major life change (e.g. remarriage, children, buying property)
It’s also worth reviewing any expression of wishes for pensions and life policies. These often fall outside your Will but can still go to an ex-spouse unless actively updated.
What About Remarriage?
If you remarry, any existing Will is automatically revoked, unless it was made in contemplation of that marriage. If you don’t make a new Will, your estate will pass under the intestacy rules, which may not reflect your wishes particularly if you have children from a previous relationship.
Key Takeaways
- Divorce doesn’t revoke a Will it just treats your ex-spouse as if they predeceased you.
- Separation doesn’t affect your Will at all therefore your spouse may still benefit.
- Re-marriage cancels your Will entirely.
- It’s essential to review your Will and financial arrangements as part of your separation and divorce planning.
For Further Information
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC for a free initial 30-minute consultation.
Email: mbrar@jpclaw.co.uk
Tel: 07787 411255
