AFG Law on what happens to your will after divorce and why it matters

What happens to your will after a divorce?

Divorce is a major life event that often brings significant personal and financial changes.

While many people focus on property, finances, and arrangements for children during divorce proceedings, updating a will is often overlooked.

Understanding what happens to your will after divorce is important to ensure your estate remains consistent with your wishes.

Is your will valid after a divorce?

Your will generally remains valid after divorce, but the law changes how certain parts of it are treated once the divorce is finalised.

When the family court issues the Final Order, the law treats your former spouse as though they have died for the purposes of your will.

This means:

· Any gifts left to your former spouse or civil partner will usually fail

· Any appointment of your former spouse as an executor or trustee may no longer apply

This can create problems if your will is not reviewed, especially if your former spouse played a major role in your estate planning.

What happens before the final order?

These changes do not happen when separation begins or when divorce proceedings start. They usually only take effect once the Final Order is granted.

Until then, your existing will still applies fully. This means that if something happens before the divorce is legally completed, your spouse or civil partner may still inherit under your will.

This is particularly important for estranged spouses where the relationship has ended, but the legal divorce is still ongoing.

Why you should update your will

Even though your will may remain valid after divorce, failing to update it can lead to unintended consequences.

For example:

· Children or family members may not inherit as intended

· Your chosen executor or trustee may no longer be appropriate

· Part of your estate could fall under the rules of intestacy. The rules of intestacy apply where there is no valid will, or where part of your estate is not fully addressed. These rules follow a strict legal order, which may not reflect your wishes.

How AFG Law can assist

At AFG Law, our experienced private client team provides clear advice on wills and estate planning following divorce and separation.

We can assist with:

· Helping you understand whether your current will remains suitable

· Advising on how divorce affects your estate planning

· Preparing a new will that reflects your updated wishes

· Replacing a former spouse as executor or trustee

· Supporting wider planning, including Powers of Attorney and tax planning

Divorce is the right time to review your will.

Updating it now can help avoid complications later and give you peace of mind for the future.