Does a divorce revoke a will?

Regardless of your age or the size of your estate, having a will in place ensures your wishes are carried out after your death. While trusts may complement a will, it is highly unlikely an estate can be fully managed through trusts alone. A will is therefore essential to estate planning. Major life events—such as the birth of a child, marriage, or divorce—should prompt you to revisit your will to ensure it reflects your current circumstances.

If you’re going through or have recently gone through a divorce, you might be wondering: “Does divorce revoke a will?” The short answer is no—your will remains valid. However, divorce does impact your will in significant ways, particularly regarding provisions for your ex-spouse. This article explains how divorce affects your will, why it may be necessary to make a new one, and answers some of the most common questions that arise in these situations.

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Does divorce revoke a will ? 

When a marriage ends in divorce, any references to your ex-spouse in your will are automatically voided. This means your ex-partner will no longer inherit from your estate or serve as an Executor, unless explicitly stated otherwise. However, divorce does not revoke the entire will itself, so other aspects of your estate plan will remain intact.

It’s important to remember that these automatic changes only apply upon the finalisation of the divorce. If you’re still married but separated, your spouse retains their legal rights as a beneficiary unless you explicitly remove them from your will. This often leads to the question: “Can I exclude my spouse from my will while we are separated but not divorced?” Yes, you can, but you must actively create or amend your will to reflect this decision.

Should I make a new will after divorce? 

While your existing will remains valid after divorce, making a new one is strongly recommended to avoid unintended outcomes. For example, if your ex-spouse was your sole beneficiary and no alternate beneficiaries are named, the portion of your estate allocated to them will either go to your next legal heir or be distributed according to intestacy rules. This can leave your estate divided in ways that might not align with your wishes.

If you are paying spousal maintenance, your ex-spouse may still be able to claim financial dependency and challenge your estate. To mitigate this risk, you should consider revising your will and seeking legal advice to structure your estate plan in a way that minimises potential claims.

For those entering a new relationship, it’s worth noting that while divorce doesn’t revoke your will, remarriage does. Unless your will specifically states that it was made in contemplation of the new marriage, it will be rendered invalid. Without a new will, your estate will be distributed under intestacy rules, which could leave your children or other intended beneficiaries without the inheritance you planned.

Can a clean break order help? 

One effective way to secure your estate is by considering a clean break order during your divorce. This legal agreement formally ends financial ties between you and your ex-spouse, reducing the likelihood of them making a claim on your estate in the future. However, it doesn’t entirely eliminate the risk, especially if financial dependency can be demonstrated, such as ongoing maintenance payments.

A new will also allow you to address other concerns, such as protecting your children’s inheritance if you are in a new relationship. For example, a trust can be used to ensure that your assets are passed to your children while still providing for a new partner during their lifetime. Professional advice can help you balance these competing priorities effectively.

What happens if I don’t make a new will?

If you don’t rewrite your will after divorce, the automatic changes triggered by the divorce could lead to unintended consequences. For instance, without alternate beneficiaries named, your estate could be treated as if you died intestate. This means the law will determine how your assets are divided, which might not align with your wishes.

Similarly, some people assume their original will from before marriage will come back into effect after divorce. However, this is not the case. While marriage revokes a previous will, divorce does not. If your ex-spouse was removed as a beneficiary, the assets they would have inherited will instead pass to the next named beneficiary. If no one is named, intestacy rules apply.

These scenarios underscore the importance of proactively creating a new will to avoid any ambiguity about how your estate should be distributed.

Can I prevent my ex-spouse from claiming my estate?

Even after divorce, your ex-spouse could make a claim on your estate if they can prove financial dependency, such as receiving spousal maintenance or other support. While it’s impossible to completely prevent this, careful planning—such as appointing strong Executors and including flexible provisions in your will—can help mitigate the risk of claims. Legal advice is essential in these situations.

Will divorce impact my children’s inheritance?

If your ex-spouse was named as a beneficiary in your will, the assets intended for them will automatically pass to the next named beneficiary after your divorce. If no alternate beneficiaries are listed, this could inadvertently affect your children’s inheritance. Creating a new will ensures your children are properly accounted for and avoids reliance on intestacy rules.

When is the right time to write a new will?

The best time to write a new will is as soon as your divorce is finalised. This not only ensures your estate reflects your current wishes but also allows you to address new circumstances, such as entering a new relationship, providing for children from different families, or accounting for any changes to your financial situation.

It’s also worth considering the potential implications of Labour’s recent Autumn Budget. Changes such as freezing inheritance tax thresholds and revising spousal exemptions could make it even more critical to update your will and consider other estate planning options. Consulting a financial adviser or solicitor can help you navigate these complexities.

How we can help

While divorce automatically removes your ex-spouse as a beneficiary or Executor, other aspects of your will remain valid. This can lead to unintended outcomes, especially if no alternate beneficiaries are named or if financial dependency claims arise.

To ensure your estate reflects your wishes and provides for your loved ones, creating a new will after divorce is strongly advised. By addressing issues like spousal claims, remarriage, and protecting your children’s inheritance, you can minimise disputes and safeguard your legacy.

Seeking professional advice—both legal and financial—is crucial. A carefully crafted estate plan not only avoids complications but also provides you with peace of mind, knowing your assets will be distributed according to your wishes.

In our expert opinion, far better outcomes are achieved when appointing a financial adviser as early in the process as possible. Advice can help to understand tax implications, planning opportunities and most importantly establish how much capital and income you need to live the lifestyle you wish to live.

Contact us for a free initial consultation to see how we can help.

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This article is intended for general information only, it does not constitute individual advice and should not be used to inform financial decisions.

The FCA does not regulate wills, tax, trust, estate or cash planning.