What Happens to Your Will When You Divorce?
Divorce does not cancel your will — but it lapses all gifts to your ex-spouse and their executor appointment. Without a new will, the estate often passes on intestacy. Pension nominations survive and must be updated separately.
What Divorce Does and Does Not Do to Your Will
Automatic effect of final divorce order (s18A)
- ✓Gifts to former spouse → lapse (treated as predeceased)
- ✓Former spouse's executor appointment → lapses
- ✓Former spouse's trustee appointment → lapses
NOT automatically changed by divorce
- ✗Pension nomination forms — must be updated manually
- ✗Life insurance trust beneficiary designations
- ✗Lasting power of attorney appointing ex-spouse
- ✗Joint tenancy survivorship rights on jointly owned property
- ✗Rest of the will (gifts to other people remain valid)
Frequently Asked Questions
What does divorce do to your will in England and Wales?
Under s18A Wills Act 1837 (inserted by the Administration of Justice Act 1982), when a final divorce order (formerly decree absolute, now called a final order since April 2022) is made, the following automatically lapse from the will: (1) Any gift to the former spouse — they are treated as having predeceased the testator; (2) Any appointment of the former spouse as executor or trustee. The will itself does not become invalid — it continues to operate, just without those provisions. The remaining gifts (to children, other relatives, friends) are unaffected. Important: this only applies on the final divorce order — a separation agreement or court order short of final divorce does not trigger s18A. The legal marriage must end for s18A to take effect.
What happens to the gifts that lapse when the former spouse is treated as having predeceased?
When a gift to the former spouse lapses under s18A Wills Act 1837, the gift is treated as if the former spouse had predeceased the testator. The consequence depends on the will's terms: (1) If there is a substitution clause ('to my spouse, and if they predecease me then to my children') — the gift passes to the substitute beneficiary; (2) If there is no substitution clause — the lapsed gift falls into the residue (if it was a specific legacy) or passes on intestacy (if it was a share of residue). Many wills leave 'everything to my spouse' with no fall-back — after divorce, the entire estate would pass on intestacy, potentially to children (regardless of age or circumstances) or other relatives. This is why making a new will immediately after divorce is critical.
Does divorce revoke pension nominations and life insurance beneficiary designations?
No — this is a critical and commonly misunderstood point. Divorce does NOT automatically revoke: (1) Pension nominations (expression of wishes) — if you nominated your spouse as beneficiary of your pension death benefits, that nomination remains valid after divorce. The pension trustees retain discretion, but if your nomination names only your ex-spouse, they may use it as a guide. Update your pension nomination form immediately after divorce; (2) Life insurance beneficiary designations — if your policy names your ex-spouse as beneficiary and is written in trust, the trust deed governs who receives the proceeds, not the divorce. The divorce does not automatically change this; (3) Lasting powers of attorney — an LPA appointing your ex-spouse as attorney is not automatically revoked by divorce (unlike a will). You must revoke it separately by completing a deed of revocation and registering it with the OPG.
Does separation (before the final divorce order) affect your will?
No. Only the final divorce order (decree absolute / final order) triggers s18A Wills Act 1837. While you are separated but still legally married: (1) Your will operates normally — gifts to your spouse remain valid; (2) If you die during the separation (before divorce), your spouse is entitled to the gifts in your will; (3) The intestacy rules also apply in full — if you die intestate while still legally married, your separated spouse inherits under the intestacy rules as if the relationship were intact. This is the rule that catches many people out — see our separate guide on the rights of separated (but not divorced) spouses on intestacy. If you have separated, making or updating your will immediately is essential even though divorce proceedings have not concluded.
What should you do to your will immediately after divorce?
Five actions immediately after the final divorce order: (1) Make a new will — the clean solution. A new will replaces everything and reflects your current wishes; (2) Update pension nomination forms — contact each pension provider and submit a new expression of wishes naming the beneficiaries you want (children, new partner, others); (3) Review and update life insurance trust deeds — if your policy is written in trust for your ex-spouse, contact the insurer and request a change of beneficiary under the trust; (4) Revoke any LPA that appointed your ex-spouse — complete a deed of revocation and register it with the Office of the Public Guardian; (5) Review jointly owned property — if you hold property as joint tenants with your ex-spouse, the survivorship rule still applies (they would inherit your share automatically if you die). Consider severing the joint tenancy to convert to tenants in common so your share passes under your will.
Make a New Will After Divorce
The safest step after divorce is a completely new will that reflects your current wishes. The WillSafe kit from £19.97 for England and Wales.