Effect of divorce on will

Hello. I am Gemma, your legal assistant here at Lawyer Destroyer. I would be happy to explain how divorce affects your will in England and Wales.

The short answer:

Getting a divorce does not completely cancel your will, but it does drastically change how it works. Once your divorce is completely finalised, the law steps in to stop your ex-spouse from benefiting or taking charge of your estate.

The legal position:

Under the law in England and Wales, once you have your final divorce paperwork, which is now called a Final Order or was previously known as a Decree Absolute, your ex-spouse is legally treated as if they had died on the exact day your divorce was finalised.

This has two main effects on your existing will. First, any gifts, money, or property you left to your ex-spouse will be cancelled. Those gifts will usually pass to whatever backup choice you named in your will, or fall into the rest of your general estate. Second, if you named your ex-spouse as an executor to manage your paperwork and finances after you pass away, that appointment is also cancelled.

There is a very important catch to be aware of. Before that final divorce document is issued by the court, you are still legally married. If something happens to you while you are separated or just part-way through the divorce process, your ex-spouse would still inherit and could still act as your executor exactly as your current will says.

Practical next steps:

1. Read your current will
Look at what happens to your estate if your ex-spouse is treated as having died. Check who your backup executors and backup beneficiaries are. If you did not name any backups, part or all of your estate might end up being distributed under standard legal rules called the rules of intestacy, which might not reflect what you actually want.

2. Write a new will
The most sensible step is usually to formally write a new will. Relying on the legal rule that treats your ex-spouse as having died can sometimes cause delays and confusion for your family later on. A fresh will makes your current wishes absolutely clear and removes any room for doubt.

3. Consider writing your will now
You do not have to wait until your divorce is finalised to write a new will. Many people choose to make a new will as soon as they separate. If you do this, your new will can clearly state your new chosen beneficiaries and executors so that you are protected while the divorce goes through the courts.

I hope this helps to clearly explain where you stand. Please let me know if you would like to explore anything else.