Wills and Divorce UK (2026): What Happens to Your Will When You Divorce

No — divorce does NOT revoke a will in England and Wales. This is the most common and dangerous misunderstanding about wills and divorce: (1) WHAT DIVORCE DOES (WILLS ACT 1837 S.18A): when a marriage or civil partnership is dissolved (the decree absolute or final order is granted), the Wills Act 1837 s.18A automatically: (a) Voids all gifts made to the ex-spouse in the will — the gifts lapse as if the ex-spouse had died on the date of the decree absolute; (b) Revokes any appointment of the ex-spouse as executor — the ex-spouse can no longer act as executor of the estate; (c) Similarly removes the ex-spouse as a trustee appointed under the will; however — (2) THE WILL ITSELF REMAINS VALID: critically, s.18A does NOT revoke the will. The remainder of the will — gifts to children, grandchildren, siblings, friends, specific bequests, and the residuary clause — continues to operate exactly as written. Only the ex-spouse's gifts and appointments are treated as having lapsed; (3) THE RESIDUARY ESTATE WITHOUT AN EX-SPOUSE: if the will leaves the entire residuary estate to the ex-spouse (as most wills made during a marriage do), and that gift is voided by s.18A, what happens to the residue? It falls into intestacy — the intestacy rules of the Administration of Estates Act 1925 apply to the residuary estate. If the deceased had children, the children inherit the residue under intestacy. If not, the residue passes up the family tree (parents, siblings, etc.) under the AEA 1925 hierarchy. This is rarely what the testator wanted — and the children or family may not be who the testator would now choose; (4) SEPARATION AND JUDICIAL SEPARATION: separation (however long) does not trigger s.18A. Only a decree absolute or final order of dissolution does. A separated spouse is still legally married — and retains full inheritance rights under both the will and the intestacy rules until the divorce is finalised; (5) CIVIL PARTNERSHIPS: s.18A applies equally to civil partnerships (as amended by the Civil Partnership Act 2004 and Sch 4 para 3 of the Civil Partnership Act).

Yes — marriage (and the formation of a civil partnership) automatically revokes any existing will. This is the opposite rule from divorce: (1) MARRIAGE REVOKES A WILL — WILLS ACT 1837 S.18: when a person marries (or forms a civil partnership), any will made before the marriage is automatically revoked in its entirety. The effect is the same as if no will existed — the estate passes under the intestacy rules unless a new will is made after the marriage; (2) WHY THIS MATTERS: a person who made a will before their marriage and did not update it after getting married is treated as dying intestate. This is particularly common when: (a) People marry later in life and forget that their pre-marriage will is now void; (b) A second marriage revokes a will that was carefully drafted to protect children from a first marriage — leaving those children with only their intestacy rights (rather than the bequests the testator intended); (3) WILL MADE IN CONTEMPLATION OF MARRIAGE (WA 1837 S.18(3)): the revocation by marriage rule does not apply if the will was expressly made in contemplation of the forthcoming marriage. To use this exception, the will must: (a) Be made after the engagement; (b) Contain a clear statement that it is made in contemplation of marriage to a named person ('I make this will in contemplation of my forthcoming marriage to [name]'); (c) The marriage must then take place. If the will correctly identifies the intended spouse and the marriage occurs, the will is not revoked; (4) PRACTICAL IMPLICATIONS: anyone who is engaged or planning to marry should either: (a) Make a new will after the marriage; or (b) Make a will now with a 'contemplation of marriage' clause — and then make a further new will after the marriage to reflect the new family situation; (5) REMARRIAGE: if a divorced person remarries, the remarriage revokes any will made during or after the first marriage (including any will made after the first divorce). Make a new will after every marriage.

Making a new will as soon as possible after a divorce is the most important step — and should not wait: (1) MAKE A NEW WILL IMMEDIATELY: while s.18A automatically voids the ex-spouse's gifts and executor appointment, the rest of the will may produce unintended outcomes. Common problems after divorce without a new will: (a) If the entire estate was left to the ex-spouse with children as substitutes, the children inherit under the void residuary gift — but at what ages, on what terms? The will may contain out-of-date trusts for minor children that now apply in an unwanted way; (b) The ex-spouse's appointment as executor was removed — but who is the executor now? If no substitute executor was named, there is no executor and the estate must be administered under Letters of Administration (as if there were no will); (c) Guardians for minor children may have been named in the will — but if the ex-spouse was named as guardian alongside the testator, is that appointment still appropriate?; (d) If there is no backup beneficiary for a voided gift, that share falls into intestacy — potentially to relatives the testator would not have chosen; (2) UPDATE OTHER DOCUMENTS: beyond the will, after divorce review and update: (a) Life insurance nominations (expression of wishes / beneficiary nomination); (b) Pension death benefit nominations (expression of wishes); (c) LPA: if the ex-spouse was named as attorney under a Property & Financial Affairs or Health & Welfare LPA, that appointment should be revoked (LPA attorneys are not automatically removed by divorce — see below); (d) Digital accounts and social media: legacy contacts; (3) LPAs AND DIVORCE: unlike wills, the Wills Act 1837 s.18A does NOT automatically remove an ex-spouse from an LPA. An attorney appointment under an LPA is not affected by divorce. If the ex-spouse is the sole attorney under a registered LPA, the donor must revoke the LPA and register a new one with new attorneys. Act immediately; (4) INTESTACY RIGHTS OF A SURVIVING EX-SPOUSE: once the decree absolute is granted, the ex-spouse has no intestacy rights. However, the ex-spouse (if financially dependent on the deceased) retains the right to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for a period of 6 months after the Grant of Probate.

During separation — from the point of leaving until the decree absolute or final order — the marriage is still legally subsisting. The will remains fully operative and the separated spouse retains all rights: (1) DURING SEPARATION — WILL UNCHANGED: if a person dies during the separation period (before the decree absolute), the separated spouse is still the legal spouse. Under the will: all gifts to the separated spouse remain valid; the separated spouse can act as executor; the will operates exactly as if the couple were still living together. Under intestacy: if there is no will, the separated spouse inherits as the surviving spouse (up to the full estate if no children, or the statutory legacy if there are children); (2) THE DANGER: if the estranged couple intended to divorce but had not yet received the decree absolute, death of one party means the surviving spouse receives the full estate (or the statutory legacy) — potentially at the expense of children from a previous relationship, the deceased's family, or a new partner; (3) WHAT TO DO IMMEDIATELY AFTER SEPARATION: do not wait for the divorce to be finalised to update your will. Make a new will as soon as you separate (or are considering separation). The new will should: (a) Remove all gifts to the soon-to-be ex-spouse (remembering that until the decree absolute, WA 1837 s.18A has not yet operated); (b) Name new executors; (c) Appoint new guardians for minor children if needed; (d) Confirm who you want to receive your estate; (4) IS A WILL MADE DURING SEPARATION VALID: yes — there is no restriction on making a will during a marriage. A will made during marriage that intentionally excludes the spouse is valid. However, the excluded spouse may have a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision; (5) DOMESTIC ABUSE AND UNDUE INFLUENCE: if a person makes a will under duress from a spouse or partner, the will may be challenged on the ground of undue influence. Document the circumstances carefully.

A new cohabiting partner after divorce has no automatic rights under either the will or the intestacy rules: (1) INTESTACY — COHABITING PARTNER RECEIVES NOTHING: as explained in the guide on unmarried partners and wills, a cohabiting partner (however long the relationship) has no rights under the Administration of Estates Act 1925 intestacy rules. If the divorced person dies without a new will, their estate passes to their children, then their parents, then siblings — the cohabiting partner receives nothing; (2) WILL — COHABITING PARTNER RECEIVES WHAT THE WILL SAYS: if the divorced person makes a new will naming the cohabiting partner as beneficiary and/or executor, the partner inherits as specified. A will is the only reliable way to protect a cohabiting partner; (3) INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975: a cohabiting partner who has lived with the deceased for at least 2 years immediately before the death may apply to the court for reasonable financial provision from the estate (I(PFD)A 1975 s.1(1)(ba)). However: court proceedings are expensive; the outcome is uncertain; it does not provide the partner with the right to remain in the home or receive a specific sum; a will is far superior; (4) THE INTERPLAY WITH DIVORCE FINANCES: during divorce proceedings, the Family Court may make orders about financial provision (pension sharing; property transfer; lump sum orders). These orders override the will in specific respects. For example, a pension sharing order will transfer part of the pension to the ex-spouse regardless of what the pension nomination says. Review pension nominations and financial settlement terms carefully with a solicitor; (5) STEP-CHILDREN: step-children (from a new relationship) have no intestacy rights — they are not 'children' under the AEA 1925 unless legally adopted. If the divorced person has step-children they wish to benefit, a will is essential.