Ex-Spouse Inheritance UK (2026): What Happens to a Will After Divorce

Under s.18A of the Wills Act 1837 (inserted by the Administration of Justice Act 1982), divorce has an automatic but limited effect on a will: (1) What lapses: any gift made to the former spouse under the will is treated as if the former spouse had died on the date of the final divorce order (the final order in no-fault divorce; the decree absolute under the old defended/unreasonable behaviour procedure). Any appointment of the former spouse as executor is also treated as if they had died on the same date; (2) What does NOT lapse: (a) gifts to other people in the will are not affected; (b) the will itself is not revoked — it remains a valid will, just with the ex-spouse provisions excised; (c) gifts to other people made conditional on the ex-spouse predeceasing are unaffected; (d) a gift that expressly says 'to my spouse, whether or not we are then married' or words to that effect may survive divorce (the courts give effect to clearly expressed intentions); (3) Result: if the will leaves the entire estate to the ex-spouse with no residuary gift to anyone else, the effect of s.18A is that the gift to the ex-spouse lapses and the entire estate falls into intestacy — passing to children, parents, siblings, etc. under the Administration of Estates Act 1925 rules. This is the mirror will trap: in a simple mirror will where each spouse leaves everything to the other, the divorce makes both wills partially intestate; (4) Executor: if the ex-spouse was the sole executor and the appointment lapses, there is no living executor able to take the grant — a personal representative must apply for letters of administration with the will annexed (LAWA) instead of a Grant of Probate. This significantly complicates estate administration.

No — and this is one of the most dangerous traps in English succession law: (1) Separation (even long-term separation) has NO effect on a will under English law. If a couple separates but does not obtain a final divorce order, the will remains fully in force in favour of the estranged spouse. A spouse who has been separated for 30 years and is in the process of divorcing can still inherit under a will made during the marriage, if they die before the final divorce order is made; (2) The old process — decree nisi and decree absolute: under the old divorce procedure (still applicable to proceedings started before 6 April 2022), a decree nisi (the court's provisional decision) did NOT end the marriage. Only the decree absolute did. A person who died after the decree nisi but before the decree absolute died while still legally married — and the spouse's gift under the will remained fully valid; (3) The new process — no-fault divorce: under the Divorce, Dissolution and Separation Act 2020 (in force from 6 April 2022), the process has two stages: conditional order (equivalent to the old decree nisi — marriage NOT yet ended) and final order (the marriage ends). A person who dies after the conditional order but before the final order is still legally married — and the will still benefits the spouse; (4) Practical consequence: until the final divorce order (decree absolute / final order) is made, a will made during the marriage remains fully valid as written. If you have separated, update your will immediately — do not wait for the divorce to be finalised. Section 18A does not backdate to the date of separation; (5) Financial remedy orders: a financial remedy order made on divorce can include orders that restrict what the other party can do with assets, but it does NOT override s.18A or the succession rules. It operates in the living realm, not in succession.

No — this is one of the most commonly misunderstood aspects of divorce and death benefit planning: (1) Pension nominations (expressions of wishes): pension death benefits are governed by the pension scheme rules, not by will law. The Wills Act 1837 s.18A has no application to pension nominations; (2) What happens on divorce: the pension scheme trustees retain discretion over who receives the death benefit lump sum, guided by (but not bound by) the deceased member's most recent expression of wishes. If the member died without updating their expression of wishes after divorce, the trustees WILL see the ex-spouse named as the wished recipient. Trustees have discretion to follow or depart from that expression — but many will give significant weight to a recent nomination, especially where the ex-spouse was named just months before death; (3) Practical risk: a divorced person who does not update their pension expression of wishes after divorce risks their ex-spouse receiving a substantial tax-free pension lump sum (potentially hundreds of thousands of pounds), with very limited ability for the new partner or children to challenge. The trustees make the decision — there is no automatic court override; (4) Pension sharing orders: a pension sharing order made as part of the financial remedy proceedings on divorce transfers a share of the pension fund to the ex-spouse's own pension pot. This extinguishes that share's entitlement to the scheme's death benefits — but only to the extent of the shared amount. The remaining pension balance still has the old expression of wishes unless the member updates it; (5) Life insurance in trust: similarly, a life insurance policy written in trust names specific trustees and beneficiaries on the trust deed. Divorce does NOT automatically change the trust beneficiaries. The trust deed must be formally amended — contact the insurer to amend the trust; (6) What to do: immediately after the final divorce order is made (or even before, once separation is certain): (a) complete a new expression of wishes for every pension; (b) contact the insurer to amend any life insurance trust; (c) update any other nominated death benefit.

Yes — this surprises many people. A divorced former spouse CAN make a financial provision claim against the estate of the deceased under the Inheritance (Provision for Family and Dependants) Act 1975, even though the marriage has ended: (1) Who can claim: a former spouse who has not remarried can apply under s.1(1)(b) of the Inheritance Act 1975. A former civil partner who has not formed a new civil partnership can also apply. Critically, remarriage by the claimant BARS the claim entirely — once an ex-spouse remarries, they lose the right to apply under the 1975 Act; (2) Time limit: the application must be made within 6 months of the Grant of Probate or Letters of Administration. This is a strict deadline — leave of the court is required to apply out of time and is rarely granted; (3) Standard of provision: a former spouse is not entitled to 'reasonable provision' on the same scale as a surviving spouse — they are entitled to such financial provision as is reasonable in all the circumstances. The court considers: (a) what was awarded in the divorce financial settlement; (b) the claimant's current financial needs and resources; (c) the duration of the marriage and the contributions made; (d) the needs of the estate's beneficiaries; (e) any other relevant circumstances; (4) Is the claim likely to succeed: where the divorce financial settlement was recent and generous, a 1975 Act claim by the ex-spouse is unlikely to succeed. Where the ex-spouse was receiving ongoing maintenance payments that cease on death (unless the financial remedy order provided for variation), a court may award a lump sum equivalent to the capitalised value of the maintenance; (5) Practical implication: executors should note the 6-month window after the Grant is issued and ensure beneficiaries are aware that an ex-spouse claim is possible. If the deceased has a surviving ex-spouse, it is worth considering whether to inform them of the death — a failed notification could delay the time limit argument; (6) Scotland: Scottish succession law is entirely different — legal rights (prior rights and legal rights) operate differently and the concept of testamentary freedom is more constrained.

Section 18A of the Wills Act 1837 operates as a backstop — it saves you from inadvertently leaving everything to an ex-spouse — but it leaves your estate in a potentially unintended distribution pattern. The best practice is to make a brand new will immediately: (1) Why a new will is needed even with s.18A: s.18A excises the ex-spouse from the will but does not fill the gap. If your entire estate was left to your spouse (as in most mirror wills) and the gift to them lapses, the residue may pass on partial intestacy to your children or parents — which may or may not be what you want. A new will lets you make deliberate, considered choices about who inherits; (2) Timing: make the new will as soon as possible after the divorce is finalised. Do not leave it until the financial remedy proceedings are complete (which can take months or years after the final divorce order). The will is a separate document from the financial settlement — update it now; (3) New executor: if your ex-spouse was named as sole executor, their appointment lapses under s.18A, but you want a new will with a properly appointed executor who is willing and able to act. Think carefully about who is most appropriate now — a sibling, a close friend, or a professional executor; (4) Consider your children: if you have children from the marriage, think about how their inheritance should be structured if you die before they reach adulthood. A guardian appointment in the new will and a trust for minor beneficiaries is often appropriate; (5) Update all associated documents: alongside the new will, update your expression of wishes for all pensions; amend any life insurance trust deeds; review any LPA (the ex-spouse's appointment as attorney under a P&FA or H&W LPA is NOT automatically revoked by divorce — revoke it via Form LP005 and register a replacement); (6) Cost: a new single will from WillSafe UK costs from £35 and can be completed in under an hour. Mirror wills for a new partner are from £55.