Does Divorce Revoke A Will?

Many people assume that getting divorced cancels out any Will they made during their marriage. This isn’t the case, and failing to update your Will following divorce could have serious consequences for your estate.

 

If you’ve recently divorced or dissolved your civil partnership, updating your Will should be a priority. Get in touch today for advice.

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Divorce and your Will

Divorce doesn’t revoke a Will, nor does it mean your Will from before you were married comes back into effect. Your current Will remains valid, but for inheritance purposes, your ex-partner is treated as if they had died when your marriage or civil partnership was dissolved.

This can have a serious effect on your estate. If your Will doesn’t specify what happens in the event of your ex-partner’s death, the rules of intestacy could apply. These rules come into effect when someone dies without a valid Will, or sometimes when the original beneficiary of a Will dies and the Will doesn’t include details about what should happen next. This is known as intestacy and it dictates who can inherit from your estate.

If you haven’t updated your Will to reflect the fact you’ve divorced, your estate might be divided up differently to how you intend. This could jeopardise any inheritance you’ve planned for the rest of your family and mean that new partners or dependants aren’t provided for. 

Speak to our experts

We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.

Andrea Jones
Andrea Jones
Partner & National Head of Private Client Advisory

Frequently Asked Questions

What divorce and separation means for your Will, and how to make sure everything’s in order.

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