Recently divorced? Your Will needs a review
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Divorce doesn't revoke your Will, but once the divorce is final your ex-spouse is treated as having died for the Will's purposes — so any gift to them, or their appointment as executor, fails. That can leave gaps or unintended outcomes (for example, no working executor, or the estate falling into intestacy). Reviewing and updating your Will after divorce is essential.
What this means for you
The risk
People assume divorce either changes nothing or changes everything — the reality is in between and the gaps it creates can be costly.
What happens if you don't update it
- Gifts to your ex-spouse and their appointment as executor fail — which can leave your Will without a working executor or residuary beneficiary.
- Parts of your estate may fall into intestacy if the gaps aren't covered.
- A new partner you haven't married has no automatic right to inherit — only a Will can provide for them.
What happens when you update it
- Your wishes reflect your life now — new beneficiaries, executors and guardians.
- You close the gaps divorce created, so nothing falls into intestacy.
- You can provide for a new partner or children from a new relationship.
How ClearLegacy helps
ClearLegacy's guided online Will makes the update straightforward — rebuild your wishes cleanly for England & Wales rather than relying on a patched, outdated document.
After her divorce, Aisha forgets her Will still names her ex-husband as sole executor and beneficiary. On her death, those gifts fail and her estate falls into intestacy, with no named executor. A quick post-divorce update would have named her sister and children instead.
Separated but not yet divorced? Your ex can still inherit
The rule that treats an ex-spouse as having died (section 18A of the Wills Act 1837) only applies once the divorce or dissolution is final. Until the final order is made, you are still legally married. That has two consequences many separated people miss:
- Any Will that leaves your estate to your spouse still works in their favour.
- If you have no Will, your spouse still inherits under the intestacy rules. With children, that means your personal belongings, the first £322,000 and half of the rest.
Divorce proceedings can take many months. If you do not want your spouse to inherit in the meantime, you can make a new Will now rather than waiting for the final order. Your spouse may still be able to bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, but the Will sets the starting point.
Section 18A also only covers your Will. Pension nominations, life policies and jointly owned property are not changed by divorce, so check each of those separately. A financial settlement may also deal with some of them.
Frequently asked questions
Does divorce cancel my Will?
No. Divorce doesn't revoke your Will, but once it's final your ex-spouse is treated as having died for the Will's purposes — so gifts to them and their role as executor fail. This can create gaps, so update your Will.
Should I make a new Will after divorce?
Yes. Updating or replacing your Will after divorce closes the gaps caused by your ex being treated as predeceased and lets you provide for a new partner or children, who have no automatic right otherwise.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Review and confirmYou review and confirm your answers before anything is finalised.
- Receive your documentsYour Will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the Will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) and section 18A (effect of divorce) — legislation.gov.uk
- GOV.UK — Making a Will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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