Does getting divorced revoke my will in England and Wales?

No. Divorce does not revoke your will in England and Wales — this is a very common misconception. However, from the date the Decree Absolute (now called the Final Order) is granted, gifts to your ex-spouse and any appointment of them as executor or trustee in your will are automatically treated as if your ex-spouse had died on the date of your divorce. The rest of the will remains valid. This means your estate falls to whoever is named next in the will — or, if no substitute is named, into the residuary estate, or possibly to intestacy.

What changes automatically in a will after divorce?

Automatically cancelled on divorce (from the date of the Final Order): (1) any gift of property or money to your former spouse; (2) the appointment of your former spouse as executor; (3) the appointment of your former spouse as trustee; (4) the appointment of your former spouse as guardian of your children. These provisions are automatically void — you do not need to make a new will for them to be removed. However, your will may then produce an unintended result because a named substitute may not exist or may also be outdated.

Does separation (without divorce) affect my will?

No. Legal separation or physical separation with no divorce proceedings does not affect your will at all. Until the Final Order (decree absolute) is granted, a legally separated spouse retains full inheritance rights under your will and under the intestacy rules. If you die while separated-but-not-divorced, your separated spouse could inherit the entire estate under your will or under intestacy. This is one of the most important reasons to update your will immediately if you separate, even before divorce proceedings complete.

Does remarriage after divorce revoke my will?

Yes — remarriage revokes your will entirely under s.18 of the Wills Act 1837. If you remarried after your divorce and have not made a new will since, you have no valid will. Your estate will pass under the intestacy rules, which gives your new spouse priority — potentially cutting out children from your first marriage. If you separated from your second spouse and they die before you, the same issue arises again. Every marriage requires a new will. Note: remarriage contemplation clauses can protect a will against automatic revocation by a specific planned marriage.

What happens to a will if the divorce is not finalised before death?

If you die before the Final Order is granted — during separation or while divorce proceedings are ongoing — your spouse is still legally your spouse and retains full inheritance rights under your will and the intestacy rules. The divorce being 'in progress' has no legal effect on inheritance. This can have dramatic consequences: a spouse who was months away from divorce could inherit the entire estate in a will made before the relationship broke down.

What should I do to update my will after divorce?

The divorce removes your ex-spouse from your existing will automatically — but it does not create a new, correct will. You should make a completely new will after divorce to: name new executors; name new trustees if you have trust provisions; update guardianship appointments for your children; create new beneficiary provisions (your ex is removed but so is any provision that relied on them surviving you); consider new trust provisions if you remarry and have children from both relationships. A new will also allows you to reflect your changed financial position after the divorce settlement.

Can my ex-spouse still challenge my estate after divorce?

After the Final Order, your ex-spouse has no automatic inheritance rights under your will or intestacy. However, they may still be able to make an Inheritance Act 1975 claim if they were financially dependent on you at the time of your death — for example, if you were still paying maintenance. An Inheritance Act claim is possible even after divorce, though courts set a high bar for former spouses. Making a new will that clearly reflects your intentions and explains why you have not provided for your ex-spouse is the best protection.

Divorce and Your Will UK (2026): What Happens to Your Will When You Get Divorced?

How separation, divorce, and remarriage affect your will differently

Life event	Effect on your will	Action required
Separation (no divorce proceedings)	None — will completely unchanged. Spouse retains all rights.	Update your will immediately
Divorce proceedings started (pre-Final Order)	None — will completely unchanged until Final Order granted.	Update your will immediately
Final Order (Decree Absolute) granted	Gifts to ex-spouse and their executor/trustee/guardian roles are automatically cancelled. Rest of will is unchanged.	Make a new will to address what the cancellation leaves unplanned
Remarriage	Your entire will is REVOKED — you have no valid will.	Make a new will immediately after marriage
Civil partnership dissolution	Same as divorce — Final Order cancels gifts to former civil partner.	Make a new will to address what the cancellation leaves unplanned

What is automatically cancelled by the Final Order

Under s.18A of the Wills Act 1837 (as amended by the Law Reform (Succession) Act 1995), from the date of the Final Order:

✕
Any gift of property, money, or personal possessions to your former spouse is automatically cancelled
✕
The appointment of your former spouse as executor of your estate is automatically cancelled
✕
The appointment of your former spouse as trustee under your will is automatically cancelled
✕
The appointment of your former spouse as guardian of your children under your will is automatically cancelled

Your ex-spouse is treated as having died on the date of your divorce for the purposes of your will. Everything they were supposed to receive or do falls to the named substitute beneficiary or executor — or, if none is named, into the residuary estate or intestacy.

Your will may now produce an unintended result

If your entire estate was left to your spouse with no named substitute beneficiary, the ex-spouse is cancelled — but the estate falls to intestacy, which may not be what you wanted. A new will is essential to ensure your estate goes where you intend.

The separation risk: why you must not wait for the Final Order

Legal separation, or simply living apart, has no legal effect on your will. Your separated spouse retains full rights under your existing will until the Final Order is granted — which can take 6–12+ months from the start of divorce proceedings.

If you die during the separation or during proceedings (before the Final Order), your spouse inherits under your existing will as if the marriage were still intact. This could mean:

Your separated spouse inherits your entire estate under your existing will
Children from the marriage or a previous relationship receive nothing if the will leaves everything to the spouse
A new partner who you have been living with for years receives nothing

The solution is simple: make a new will immediately when you separate — do not wait for the divorce to complete.

Remarriage: the will that disappears

Under s.18 of the Wills Act 1837, marriage revokes a will entirely in England and Wales. If you remarry after divorce and do not make a new will, you have no valid will — your estate passes under the intestacy rules.

In a blended family where both partners have children from previous relationships, intestacy can produce a deeply unfair result: your new spouse inherits everything up to the statutory legacy (£322,000) plus half the excess, while your children from your first marriage may receive only a share of what remains — and your new partner's children from their prior relationship inherit nothing.

A new will after remarriage should explicitly address blended family complexity: life interest trusts, specific legacies to children from all relationships, and clear provision for both your spouse and your children from all relationships.

Frequently asked questions

Does getting divorced revoke my will in England and Wales?: No. Divorce does not revoke your will in England and Wales — this is a very common misconception. However, from the date the Decree Absolute (now called the Final Order) is granted, gifts to your ex-spouse and any appointment of them as executor or trustee in your will are automatically treated as if your ex-spouse had died on the date of your divorce. The rest of the will remains valid. This means your estate falls to whoever is named next in the will — or, if no substitute is named, into the residuary estate, or possibly to intestacy.
What changes automatically in a will after divorce?: Automatically cancelled on divorce (from the date of the Final Order): (1) any gift of property or money to your former spouse; (2) the appointment of your former spouse as executor; (3) the appointment of your former spouse as trustee; (4) the appointment of your former spouse as guardian of your children. These provisions are automatically void — you do not need to make a new will for them to be removed. However, your will may then produce an unintended result because a named substitute may not exist or may also be outdated.
Does separation (without divorce) affect my will?: No. Legal separation or physical separation with no divorce proceedings does not affect your will at all. Until the Final Order (decree absolute) is granted, a legally separated spouse retains full inheritance rights under your will and under the intestacy rules. If you die while separated-but-not-divorced, your separated spouse could inherit the entire estate under your will or under intestacy. This is one of the most important reasons to update your will immediately if you separate, even before divorce proceedings complete.
Does remarriage after divorce revoke my will?: Yes — remarriage revokes your will entirely under s.18 of the Wills Act 1837. If you remarried after your divorce and have not made a new will since, you have no valid will. Your estate will pass under the intestacy rules, which gives your new spouse priority — potentially cutting out children from your first marriage. If you separated from your second spouse and they die before you, the same issue arises again. Every marriage requires a new will. Note: remarriage contemplation clauses can protect a will against automatic revocation by a specific planned marriage.
What happens to a will if the divorce is not finalised before death?: If you die before the Final Order is granted — during separation or while divorce proceedings are ongoing — your spouse is still legally your spouse and retains full inheritance rights under your will and the intestacy rules. The divorce being 'in progress' has no legal effect on inheritance. This can have dramatic consequences: a spouse who was months away from divorce could inherit the entire estate in a will made before the relationship broke down.
What should I do to update my will after divorce?: The divorce removes your ex-spouse from your existing will automatically — but it does not create a new, correct will. You should make a completely new will after divorce to: name new executors; name new trustees if you have trust provisions; update guardianship appointments for your children; create new beneficiary provisions (your ex is removed but so is any provision that relied on them surviving you); consider new trust provisions if you remarry and have children from both relationships. A new will also allows you to reflect your changed financial position after the divorce settlement.
Can my ex-spouse still challenge my estate after divorce?: After the Final Order, your ex-spouse has no automatic inheritance rights under your will or intestacy. However, they may still be able to make an Inheritance Act 1975 claim if they were financially dependent on you at the time of your death — for example, if you were still paying maintenance. An Inheritance Act claim is possible even after divorce, though courts set a high bar for former spouses. Making a new will that clearly reflects your intentions and explains why you have not provided for your ex-spouse is the best protection.

Update your will after separation, divorce, or remarriage

WillSafe UK's Single Will Kit (£20) lets you make a new, legally compliant will for England and Wales in under an hour — with plain-English guidance for blended families and second marriages.

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This article is for general information only and does not constitute legal advice. WillSafe UK is not a firm of solicitors. Laws described apply to England and Wales only. Always consult a qualified solicitor for advice specific to your circumstances.