Do I need to update my Will if I divorce?
Divorce and separation can be very stressful and upsetting.
If your relationship with your spouse or civil partner breaks down, you, your home, your assets and your family circumstances are all affected. Your wishes in an existing Will may no longer be appropriate. You may want to reconsider the gifts you originally intended for your former partner’s extended family or to his or her children from another relationship.
If you are going through a divorce or separation you must plan for your future by reviewing or making a Will.
Does divorce cancel my Will?
No. Divorce does not cancel your Will. If your spouse is not someone you want to inherit from you, change your Will with legal guidance.
Until the Court issues your decree absolute, your former partner will still be a major beneficiary under the terms of your Will. If you have not made a Will the intestacy rules will deal with your estate. Your spouse will inherit the statutory legacy.
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Technically, when a marriage is ended by a court order (either a divorce or annulment), your Will is not void or invalid - but any gift to a former spouse takes effect as if he or she had died on the date the decree became absolute. Often, this means the gift falls back into residue for the benefit of the residuary beneficiaries.
If your current Will leaves everything to your former spouse or similar partner, with no other person named as a substitute if he or she dies before you, then the intestacy rules would apply once you are divorced.
If you are in another relationship after parting, you should think about making a Will to provide for any new responsibilities. If you are not married, your new partner cannot inherit from you unless you make a Will providing for them, and they may have to go to Court to get provision from your estate.
The appointment of a former spouse or civil partner as an executor or trustee will also fail once your divorce is finalised. If they were appointed as sole trustee of a trust for the benefit of the children of both parents, the trust may fail.
A divorce can take many months (and, in rare cases, years) to finalise, so it is sensible to make a new Will immediately, especially if your former spouse was to receive all or part of your estate or was appointed as a sole trustee.
You may prefer to make a short term or temporary Will to change the provisions of an existing Will, with a view to preparing a ‘permanent’ Will once all the financial settlement details have been agreed and put in place. However, you should consider making your new Will during the separation to be sure that your wishes are set out clearly and reflect your changed circumstances. It is not necessary to wait for the decree absolute.
Many excellent organisations can help you through the legal and emotional aspects of divorce and separation:
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