Is a Will still valid after divorce?

It is always important to think about inheritance issues when you have a major change of circumstances, such as getting married, having children or getting divorced. While getting divorced will not completely invalidate your Will, it will change the effect of your Will if you left bequests to your former spouse.

If you are unsure about how divorce will change the effect of your Will or you do not currently have a Will, we strongly recommend speaking to a specialist Will solicitor as soon as possible.

How former spouses named in a Will are treated

If your divorce has been finalised (i.e. you have received your decree absolute) and your former spouse is named as a beneficiary in your Will and the Will was made prior to your divorce, then they will be treated as if they had predeceased you when the time comes to divide your estate.

This means that your former spouse will not inherit from your estate and any bequests they were due to receive will be divided between your other named beneficiaries instead. If there are no other beneficiaries named in your Will, your estate will be dealt with as if you did not leave a Will (see below).

What happens if you don’t have a Will?

Dying without leaving a Will is referred to as dying ‘intestate’. This means your estate will be divided according to the standard rules of intestacy. Under the intestacy rules, your estate will go to your next of kin and who this is will depend on whether you are married, whether you have children and what other living close relatives you have.

If you are married, your spouse is first in line to inherit under the intestacy rules in England and Wales. They will inherit everything up to £250,000. If your estate is worth more than £250,000 and you have children, they will inherit half of everything over the £250,000 threshold and your spouse will get everything else.

You can use the government’s intestacy rules tool to see who is likely to inherit if you died without leaving a Will.

What happens if you die before your divorce is finalised?

Were you to pass away before your decree absolute is granted, then you would still be legally married to your spouse at the time of your death. This means that if your spouse is named in your Will, they will still stand to inherit.

Should you die intestate before your divorce is finalised, your spouse would automatically stand to inherit most or all of your estate (see above for more detail on how this works).

For this reason, if you are getting divorced or planning to get divorced and you do not have a Will, you should make one as soon as possible so your intentions for your estate are clear.

Making or updating a Will for divorce

If you do not have a Will and you are getting divorced, you should speak to an expert Will solicitor as soon as possible so you can create a valid Will that reflects your intentions. This is particularly important if you have children or other dependants whose future financial wellbeing you wish to secure.

If you already have a Will, there are two main options for updating it. You can either make an entirely new Will or you can amend your existing Will using a ‘codicil’, which is a legally-binding document that modifies your Will. Codicils must be carefully prepared and properly witnessed in order to ensure your wishes are clear and that any changes introduced to your Will are legally binding.

A Will solicitor will also be able to advise you on how any divorce settlement you make will affect your estate.

Get sensitive, expert help with making or updating a Will

At Atkins Hope, our experienced Will solicitors can provide clear guidance on all the issues you need to consider when making or updating your Will. We can advise you on whether your current Will needs updating following a chance of circumstances, such as getting divorced, and any other issues you need to consider, such as making a Lasting Power of Attorney or setting up a trust.

For expert help with any aspect of Wills and inheritance planning, please get in touch with our solicitors in Croydon, Medway, Blackheath and Guildford now.