Does Divorce Affect a Will?

Does divorce cancel your will?

No. A decree absolute or final order does not revoke the whole will, and there is no need to start again from nothing. What it does is treat the former spouse or civil partner as having died on the date the marriage ended, so provisions in their favour fall away while everything else in the will continues to operate (legislation.gov.uk, as at July 2026, subject to change).

What exactly changes in the will?

Two things generally shift once the divorce is final. Any gift left to the former spouse passes as if they had died first, so it usually falls into the residue or the next named beneficiary. Any appointment of the former spouse as executor or trustee also takes effect as if they had died, so someone else steps in. Both effects are subject to a contrary intention in the will (legislation.gov.uk, Wills Act 1837 s.18A, as at July 2026, subject to change).

Part of the will	Effect once divorce is final
Gift or legacy to the former spouse	Passes as if they had died on that date; usually falls into residue
Former spouse named as executor	Appointment takes effect as if they had died; another executor acts
Former spouse named as a trustee	Treated the same way; the trustee role passes on
Gifts to other people and other clauses	Generally unaffected; the will otherwise stands
Will that states a contrary intention	The provisions for the former spouse can be kept in place

Part of the will

Effect once divorce is final

Gift or legacy to the former spouse

Passes as if they had died on that date; usually falls into residue

Former spouse named as executor

Appointment takes effect as if they had died; another executor acts

Former spouse named as a trustee

Treated the same way; the trustee role passes on

Gifts to other people and other clauses

Generally unaffected; the will otherwise stands

Will that states a contrary intention

The provisions for the former spouse can be kept in place

Based on legislation.gov.uk, Wills Act 1837 section 18A, as at July 2026 and subject to change. A former spouse may still be able to apply for provision under the Inheritance (Provision for Family and Dependants) Act 1975, depending on the circumstances.

Why the timing of the final order matters

The changes only bite once the divorce is legally final, which is the decree absolute under the older terminology or the final order under the current divorce process. Until that point the marriage still exists in law, so an existing will that names the spouse can still apply in full. Someone who dies after separating but before the final order may find their estranged partner still inherits and can still act as executor under the old will (legislation.gov.uk, as at July 2026, subject to change).

The gap can be long. Applying for a divorce in England and Wales is a separate step with its own fee of £612, and the process runs over a period of months before the final order is granted (gov.uk, how much a divorce costs, as at July 2026, subject to change). Because that window can leave an out-of-date will in force, many people review their will as they separate rather than waiting.

General position based on legislation.gov.uk and gov.uk, get a divorce, as at July 2026 and subject to change.

Separation is not the same as divorce

Separating, even for years, does not change a will on its own. The rule that treats a former spouse as having died applies only once the marriage or civil partnership is legally ended, not when a couple simply stop living together or sign a separation agreement (legislation.gov.uk, as at July 2026, subject to change). A separated but still-married spouse therefore remains a spouse for the purposes of an existing will.

The same point runs through the rules on dying without a will. If someone dies intestate while still legally married, the surviving spouse or civil partner has a statutory entitlement even after a long separation, because the intestacy rules look at legal marital status, not whether the couple were still together (gov.uk, who inherits when someone dies without a will, as at July 2026, subject to change). This is one reason many people update their will as soon as they separate.

A worked example (illustration only). Tom made a will years ago leaving everything to his wife, Anna, and naming her as his sole executor. They separate and Tom files for divorce, paying the £612 application fee (gov.uk, as at July 2026, subject to change), but he dies before the final order is granted. Because the marriage is not yet legally ended, the old will can still apply in full, so Anna may inherit and act as executor. Had the final order already been made, the gift to her and her role as executor would generally have lapsed under the Wills Act 1837 s.18A (legislation.gov.uk, as at July 2026, subject to change), and the estate would pass under the rest of the will. This is a general illustration, not advice for any real estate.

Does getting married or remarried affect a will?

Yes, and more drastically than divorce in most cases. In England and Wales, marrying or entering a civil partnership generally revokes an existing will entirely, unless that will was made in express contemplation of the marriage. Someone who marries or remarries after a divorce, without writing a new will, can therefore find the old will cancelled and their estate passing under the intestacy rules instead (gov.uk, dying without a will, as at July 2026, subject to change).

Divorce. Cuts out the former spouse but leaves the rest of the will standing.

Marriage or civil partnership. Generally revokes the whole will, unless it was made in contemplation of that marriage.

Remarrying after divorce. Combines both effects, so a fresh will is something many people put in place.

Divorce and wills in Scotland and Northern Ireland

The general effect differs by nation. In Scotland, a divorce does not automatically strike out provisions in a will for a former spouse in the same way, and the surrounding succession law, including legal rights for a spouse and children, follows its own rules, so a will may need revising rather than relying on an automatic change. Northern Ireland has provisions closer to those in England and Wales, but not identical. Because the position varies, it can be worth taking advice in the relevant nation. For the wider picture, see our estate planning guide.

Frequently asked questions

Does divorce automatically cancel my whole will?

No. A final divorce order does not revoke the whole will. It treats the former spouse or civil partner as having died on that date, so gifts to them and their role as executor generally lapse, while the rest of the will stands, unless a contrary intention appears in it (legislation.gov.uk, Wills Act 1837 s.18A, as at July 2026, subject to change).

Can my ex still inherit after we divorce?

Generally not through a gift in a will made before the divorce, because once the marriage is legally ended the former spouse is treated as having died, so the gift usually lapses (legislation.gov.uk, as at July 2026, subject to change). A will can expressly keep a gift in place, and a former spouse may still apply for provision under the Inheritance (Provision for Family and Dependants) Act 1975.

What happens to my will if I die before the divorce is final?

Until the final order is granted the marriage still exists in law, so an existing will naming the spouse can apply in full and they may inherit and act as executor. The changes only take effect once the divorce is legally final (legislation.gov.uk, as at July 2026, subject to change). Applying for a divorce carries a separate fee of £612 (gov.uk, as at July 2026, subject to change).

Does separation change my will?

No. Separating, even under a formal separation agreement, does not trigger the rule that treats a former spouse as having died, because that applies only once the marriage or civil partnership is legally ended (legislation.gov.uk, as at July 2026, subject to change). A separated but still-married spouse remains a spouse for the purposes of an existing will.

Do I need a new will after divorce?

Not strictly, since the will continues to operate with the former spouse treated as having died, but many people write a fresh will so the position is clear and up to date. A new will revokes the old one and lets you appoint new executors and beneficiaries. It can be worth discussing the choice between a new will and a codicil with a qualified professional. See changing a will.

Does remarrying after divorce affect my will?

Usually, yes. In England and Wales, marrying or entering a civil partnership generally revokes an existing will entirely, unless it was made in contemplation of that marriage, so an estate could otherwise pass under the intestacy rules (gov.uk, dying without a will, as at July 2026, subject to change). Because of this, many people make a new will when they remarry.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.