Will After Divorce UK: Does Divorce Cancel Your Will?
Divorce does not cancel your will in England and Wales — but it automatically voids your ex-spouse’s gifts and removes them as executor. The rest of your will continues, often leaving no main beneficiary. Here is what the law says and what you must do now.
Plain-English answer
No — divorce does notrevoke or cancel your will. Under section 18A of the Wills Act 1837, divorce automatically voids any gifts to your former spouse and removes them as executor. But the rest of your will stands. The danger is that most wills leave “everything to my spouse” with no fallback — after divorce, that residuary clause has no beneficiary and your estate falls into partial intestacy. You must make a completely new will immediately after divorce.
The law: section 18A of the Wills Act 1837
Section 18A of the Wills Act 1837 (inserted by the Administration of Justice Act 1982) provides that when a marriage or civil partnership is dissolved by a final order, two things happen automatically in the will:
- All gifts to the former spouseare treated as having lapsed — the former spouse is treated as if they had predeceased the testator on the date of the final order (formerly called the decree absolute; renamed “final order” for divorces from April 2022 onwards).
- Any appointment of the former spouse as executor or trustee under the will is revoked.
Critically, the will itself is not revoked. This distinguishes divorce from marriage. Marriage revokes a will entirely under section 18 of the same Act — it is as if the old will never existed. Divorce does not. Instead, the will continues without the former spouse’s involvement.
Why this creates a dangerous partial intestacy
Most wills made during a marriage leave the entire residuary estate — everything not specifically gifted — to the spouse. A typical clause reads:
“I give my entire residuary estate to my spouse [name], and if they predecease me then equally to my children.”
After divorce, the gift to the former spouse is voided. If there is a substitution clause naming children as fallback beneficiaries, they inherit. But many simpler wills leave everything to the spouse with no fallback at all. In that case, the voided residuary gift leaves the estate with no beneficiary — and the intestacy rules of the Administration of Estates Act 1925 fill the gap.
Under intestacy, the estate passes to children, then parents, siblings, and so on — not to a new partner, stepchildren, or anyone else the testator might now have chosen.
How divorce differs from marriage for will purposes
| Event | Effect on will | Statute |
|---|---|---|
| Marriage | Revokes the entire will | s.18 Wills Act 1837 |
| Divorce (final order) | Voids ex-spouse gifts and executor role only — rest of will stands | s.18A Wills Act 1837 |
| Separation | No effect — spouse retains full rights | — |
The separation danger zone
Between the moment you separate and the date the final divorce order is granted, your marriage is legally subsisting. Your separated spouse retains full rights under both your will and the intestacy rules. If you die during this period, your separated spouse inherits just as if you were still living together.
Do not wait for the divorce to be finalised. Make a new will as soon as you separate. A new will made during a marriage that intentionally excludes the spouse is valid — the spouse may have a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that is far better than the alternative of leaving them everything unintentionally.
What divorce does NOT change automatically
Two important documents are not affected by s.18A and must be updated manually:
- Pension death benefit nominations (expressions of wishes): pension trustees are not bound by the Wills Act. An expression of wishes naming your former spouse remains on file and will be considered by pension trustees when deciding who receives your pension pot on death. You must contact each pension scheme and submit updated nominations.
- Lasting Powers of Attorney (LPAs): unlike will appointments, the Mental Capacity Act 2005 does not automatically revoke an LPA attorney appointment on divorce. If your former spouse was named as your sole attorney under a Property and Financial Affairs LPA or Health and Welfare LPA, they remain your attorney until you actively revoke the LPA and register a new one with new attorneys.
Making a new will after divorce
A new will made after your final divorce order replaces the old will entirely and reflects your actual post-divorce circumstances. Key things to address:
- Name new primary beneficiaries (children, a new partner, family, charity)
- Appoint a new executor — if the only executor named was your former spouse, there may be no executor under the old will
- Confirm or update guardian appointments for any children under 18
- Consider how to protect any new partner — they have no automatic rights under intestacy unless you marry
- Review whether stepchildren from a new relationship should be included — they inherit nothing under intestacy unless legally adopted
What to do after divorce: four steps
Understand what s.18A did automatically
On the date your final divorce order was granted, the law automatically voided all gifts to your former spouse in your will and removed them as executor. Your will still legally exists — but in a broken form, often with no main beneficiary for the residuary estate.
Check your existing will for backup beneficiaries
Read your existing will. If it leaves the residuary estate to your former spouse with no named substitute, the residue now falls into partial intestacy. Identify who would actually inherit under the intestacy rules — this is often not who you would now choose.
Make a new will immediately
Draft a new will naming updated beneficiaries, a new executor, and — if you have children under 18 — re-confirm or update the guardian appointment. For most people, a Single Will Kit covers everything. If you are now in a new relationship, you may also want to consider how to protect any new partner.
Update pension nominations and LPAs separately
Your pension death benefit nominations are not touched by divorce — contact each pension provider and submit updated expressions of wishes. If your ex-spouse was an attorney under a registered LPA, divorce did not remove them: revoke the LPA and register a new one with new attorneys.
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Frequently asked questions
Does divorce cancel or revoke a will in England and Wales?+
No. Divorce does not revoke a will in England and Wales. Under section 18A of the Wills Act 1837 (inserted by the Administration of Justice Act 1982), when a final divorce order is granted, the law automatically voids two specific things: (1) any gift in the will to the former spouse — they are treated as having predeceased the testator on the date of the final order; and (2) any appointment of the former spouse as executor or trustee. The rest of the will — gifts to children, other family, friends, specific bequests — continues exactly as written. Many people assume divorce cancels the whole will (as marriage does under s.18). It does not. The result is a will that may have no main beneficiary, which is often worse than having no will at all.
What happens to gifts to my ex-spouse in my will after divorce?+
Under s.18A Wills Act 1837, all gifts to your former spouse automatically lapse on the date of the final divorce order. They are treated as if your ex-spouse had died before you. What happens to those lapsed gifts depends on the wording of your will: (1) If your will named a substitute beneficiary ('to my spouse, and if they predecease me then to my children'), the gift passes to the substitute. (2) If there is no substitute clause, the lapsed gift falls into the residuary estate — and if your residuary estate was also left to your spouse, it falls into partial intestacy under the Administration of Estates Act 1925, passing to your children (or further family if no children). Many wills made during a marriage leave 'everything to my spouse' with no fallback. After divorce, such a will has no main beneficiary for the bulk of the estate. A new will is essential.
What happens to my pension nominations after divorce?+
Pension nominations (also called expressions of wishes for death benefit) are NOT automatically revoked or changed when you divorce. Unlike gifts in a will, which are voided under s.18A Wills Act 1837, a pension nomination to your former spouse remains on file with your pension scheme unless you update it. The pension trustees will still consider the nomination — which may still point to your ex-spouse — when deciding who receives your pension death benefit. After divorce, you must contact each pension scheme and submit a new expression of wishes naming updated beneficiaries. This is a separate step from making a new will. Your will has no legal control over pension death benefits — nominations govern them.
What happens to my will during separation before the final divorce order?+
Separation — however long — has no legal effect on your will. Until the final divorce order (formerly called a decree absolute) is granted, your marriage is legally subsisting. Your separated spouse retains full rights under both your will and the intestacy rules. This is the most dangerous gap: if you die during the separation period before the divorce is finalised, your separated spouse inherits under your existing will exactly as if you were still together. If you have made no will, they inherit under intestacy as your legal spouse. You should make a new will as soon as you separate — do not wait for the final divorce order.
What should I do with my will immediately after divorce?+
Make a completely new will as soon as the final divorce order is granted — and ideally as soon as you separate. While s.18A automatically voids your ex-spouse's gifts, the resulting will may leave your estate in a worse position than no will at all. A new will lets you name new beneficiaries, appoint a new executor, update guardian appointments for minor children, and reflect your post-divorce life. Beyond the will, also: (1) Update all pension death benefit nominations — these are not changed automatically by divorce; (2) Check your LPA — if your ex-spouse was named as attorney under a Lasting Power of Attorney, they are NOT automatically removed by divorce; you must revoke the LPA and register a new one; (3) Update life insurance nominations and beneficiary designations on any ISA or investment account.
If I remarry after a divorce, does my new will get revoked again?+
Yes. Remarriage revokes any will in existence at the time of the marriage under section 18 of the Wills Act 1837 — exactly as marriage always has. If you divorce, make a new will, and then remarry, your new will is automatically revoked the moment you remarry (unless it was made expressly in contemplation of that specific marriage and names your new spouse). You must make another new will after any remarriage. This is a common and costly mistake for people who have been through a divorce and remarried — their carefully updated post-divorce will is void again.
This guide covers the law in England and Wales only. It is for general information and does not constitute legal advice. If your estate involves trusts, foreign property, business assets, or children from multiple relationships, consider reviewing your will with an SRA-regulated solicitor. Last updated 26 June 2026.