Originally published: 22 November 2016 | Last updated: 25 September 2025
The process of separating from your partner will not change any aspects of your existing Will. Your current Will continues to operate as valid until the court grants the Decree Absolute. Your ex-partner will receive all your assets through the current Will when you pass away during your separation. The law keeps your Will active after you get your Decree Absolute but it treats your former spouse as if they had passed away which leads to unexpected results. You should create a new Will right after you decide to leave your partner but you must also create another Will when your divorce reaches completion.
Does separation affect my Will?
The law does not change your Will status when you separate from your partner. Your current Will will stay active to its full extent after you pass away during your separation from your spouse. Your current Will will continue to operate in the same way.
Your spouse will receive entire estate distribution because your Will assigns all assets to them. Even if you have not lived together for years
Your spouse will keep all the rights to manage your estate because you named them as Executor in your will.
Your children will remain under the guardianship of your spouse because you selected them for this role.
The court needs at least twelve months to finish divorce cases although most cases will stretch beyond this time frame. Your current Will will stay active throughout the entire time. People need to complete their estate planning work immediately because they must divide their assets during separation. Not something to deal with after the divorce.
What happens to my Will when divorce is finalised?
Once a Decree Absolute is granted, your Will is not revoked. Under Section 18A of the Wills Act 1837 the law treats your former spouse as if they had passed away before you did. Your current Will will keep working at its present level.
Your former spouse will not receive any gifts because all such transfers become invalid. Their appointment as Executor is revoked
Their appointment as guardian is revoked
The remaining content of your Will will stay in effect. The provisions which name an alternate beneficiary or alternate Executor will become active when you pass away. Your estate will enter intestacy because you failed to create a proper will which will lead to unexpected results in the distribution of your affected estate.
Does remarriage affect my Will?
Yes. Critically. Marriage automatically revokes your entire existing Will in England and Wales (unless the Will was made in contemplation of that specific marriage). People who remarry without creating a new Will will die without a valid Will according to the law. Your new spouse will obtain the statutory legacy through intestacy rules but your children from previous marriage might get less than what you planned.
When should you update your Will during divorce?
You should update your Will at three key points:
Create a new Will at the time you decide to separate because you need to show how your life has changed. Remove your spouse as beneficiary and Executor if appropriate. Update guardian appointments.
After the Decree Absolute: Write another new Will to reflect your final divorce settlement and any financial orders.
If you remarry: Marriage revokes your previous Will entirely, so you must write a new one immediately.
What about Lasting Powers of Attorney?
Divorce also affects your Lasting Powers of Attorney (LPAs). The divorce process will automatically terminate your former spouse’s authority to act as your attorney according to LPA appointment. The LPA will stop working when no substitute attorney appears after the primary attorney becomes unable to fulfill their responsibilities. You should review and update your LPAs at the same time as your Will.
What about jointly owned property?
The surviving owner receives property ownership through joint tenants because of the right of survivorship. The content of your Will does not matter in this situation. People who separate need to think about ending their joint tenancy because they can then own property as tenants in common. The system lets you decide who should inherit your property share through your last Will and Testament.
What estate planning steps should you take during divorce?
You need to create a new Will right away because you should not wait until your divorce reaches completion.
Update your Executor appointment if your spouse was named
Review guardian appointments for your children
Update your LPAs if your spouse is named as attorney
Review life insurance beneficiary nominations
You need to think about ending joint tenancy ownership for your property.
Update pension death benefit nominations
Review your LifeLocker asset inventory
At LegalWills.co.uk, you can create a new Will in about 20 minutes for £49.95. You will find this to be one of the most vital £49.95 purchases because your life has reached this crucial moment.
Frequently Asked Questions
Can my ex-spouse inherit if I die during separation?
Yes. Your Will continues to exist without any legal changes when you decide to separate from your spouse. Your spouse will receive all your assets through the Will if you pass away before the court grants the Decree Absolute.
Does divorce automatically revoke my Will?
No. Divorce does not revoke your Will. The law treats your former spouse as if they had passed away before you did which makes their gifts and appointments void but all other parts of the Will stay valid.
Can my ex-spouse claim against my estate after divorce?
Potentially. A former spouse who remains unmarried after marriage dissolution can seek financial support through the Inheritance (Provision for Family and Dependants) Act 1975 when they prove their inheritance share was insufficient.
Should I write a new Will before or after divorce?
Both. Create a new Will when you separate to defend your interests throughout the divorce process. Then create another Will after the Decree Absolute to show what you agreed upon in the last settlement.
Does marriage revoke my Will?
Yes. Marriage automatically revokes your entire Will in England and Wales, unless the Will was made in contemplation of that specific marriage. If you remarry, you must write a new Will.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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