Wills and Divorce: How Divorce Affects Your Will

Divorce is one of the most significant changes you can face, and its effects reach further than many people expect. Alongside the practical and emotional demands of ending a marriage, your existing Will may no longer reflect your wishes, and in some cases, it may leave your estate vulnerable if you don’t act.

Understanding how divorce affects your Will, and when to update it, is an important step in protecting yourself and the people you care about.

At Glanvilles Damant, our family law solicitors and Wills, trusts and estate planning team work together to give you joined-up advice at every stage. We can assist you with:

• Reviewing your existing Will during or after divorce proceedings
• Drafting an interim Will to protect your position during proceedings
• Making a new Will following the grant of your Final Order
• Advising on trusts to protect your children’s inheritance
• Guidance on intestacy and the risks of dying without a valid Will

Get in touch with our Wills and divorce solicitors in Newport, Isle of Wight

To speak with a solicitor about your Will and divorce, call us on 01983 527878, email hello@gdlegalservices.co.uk, or contact our Newport office directly. We will get back to you promptly.

Making a Will during divorce proceedings

You don’t have to wait for your Final Order to act. Making an interim Will during divorce proceedings is a sensible and practical step, particularly if you have children or significant assets.

An interim Will lets you direct your estate to the people you choose, such as your children, parents or close friends, should the worst happen before proceedings conclude. It also lets you appoint an executor you trust and, where relevant, name a guardian for your children. We can advise you on drafting a Will that reflects your current position while remaining flexible enough to be reviewed once your divorce is finalised.

Intestacy rules and divorce

If you die without a valid Will after your divorce is finalised, the intestacy rules (set out in the Administration of Estates Act 1925) will determine how your estate is distributed. The outcome may not reflect what you’d have wanted.

Under these rules, your estate passes to relatives in a fixed order of priority. A former spouse would not automatically inherit under intestacy after the Final Order, but a new partner you haven’t married would receive nothing. If you have children from a previous relationship alongside new dependants, the outcome can be particularly unpredictable. The GOV.UK guide to making a Will is a helpful starting point if you’d like to read more.

Protecting your children’s inheritance

If you have children, particularly in a blended family or following a second marriage, it’s worth thinking carefully about how your Will is structured to protect their inheritance. Options such as a life interest trust (which allows a surviving partner to benefit from assets during their lifetime, with those assets then passing to your children) or a discretionary trust can help ring-fence assets effectively.

Our trusts solicitors can explain the available options clearly, including the tax implications of each approach. For clients with more complex estates, our tax planning solicitors can advise on inheritance tax considerations when restructuring your Will after divorce.

Our Wills and divorce service

We provide practical support at every stage, whether you are separating, mid-proceedings, or recently divorced. Here is how we can help:

Reviewing your existing Will

A review helps identify what needs to change in light of your divorce. We examine your existing Will in detail, looking at beneficiaries, executor appointments, guardianship provisions and any trust arrangements, so you receive clear, practical advice on exactly what needs updating and when.

Drafting an interim Will

If your divorce proceedings are ongoing, you don’t have to wait for a Final Order. We can draft an interim Will that directs your estate to the people you choose right now, protecting your position should the worst happen before proceedings conclude.

Making a new Will after divorce

Once your Final Order is granted, a new Will lets you reflect your changed circumstances fully. We help you think through who you want to benefit, who to appoint as executor, and how to structure your estate clearly and effectively for the life ahead.

Advising on trusts to protect your children’s inheritance

Where you have children, particularly in a blended family, trust arrangements can help ensure assets reach the right people. We work alongside our trusts solicitors to advise on options such as life interest trusts and discretionary trusts, including their tax implications.

Guidance on intestacy and the risks of dying without a valid Will

If you die without a current, valid Will, intestacy rules determine how your estate is distributed, often with results you wouldn’t have chosen. We explain clearly how those rules apply to your situation and what you can do to protect your position.

Wills and divorce solicitors on the Isle of Wight

At Glanvilles Damant, we are well placed to help you navigate the intersection of divorce and estate planning. Our family law solicitors and our Wills, trusts and estate planning team work closely together, so you receive joined-up advice without having to explain your circumstances to multiple firms.

We understand that reviewing your Will during or after divorce isn’t always at the top of your list. But it is one of the most important steps you can take to protect yourself, your children, and the people who matter most to you. Our team provides calm, supportive guidance at every stage, helping you make decisions with confidence.

Whether you’re at the beginning of divorce proceedings, recently divorced, or simply concerned about whether your existing Will remains fit for purpose, we’re here to help. You can also visit Citizens Advice for general guidance on Wills before getting in touch.

Frequently asked questions

Does divorce automatically revoke my Will?

No. Divorce does not revoke your Will in England and Wales. Your Will remains legally valid, but the law does change how it operates once your Final Order (formerly known as Decree Absolute) is granted. At that point, your former spouse is treated as having predeceased you. Any gifts you left to them, and any appointment of them as executor (the person responsible for administering your estate), will lapse. The rest of your Will, however, remains in force.

This can create unintended gaps. If your former spouse was the sole or main beneficiary, a significant portion of your estate could pass under intestacy rules rather than to the people you’d actually choose. Making a new Will after divorce is strongly recommended.

What happens if I die during divorce proceedings before the Final Order?

Your existing Will remains fully in effect during this period. Separation alone has no legal effect on your Will; the law does not treat a separated spouse in the same way as a divorced one. Until the court grants the final order, your Will operates exactly as it did on the day you made it. If your spouse is named as a beneficiary or executor, those provisions still apply. This is why making an interim Will as early as possible in proceedings is strongly advisable.

Do you need a new will after divorce?

Yes, in almost every case. Even though the law treats your former spouse as having predeceased you, this doesn’t mean your Will works as intended after divorce. Issues can arise in several areas:

• Executor appointments: If your former spouse was your only executor, you may have no one appointed to administer your estate.
• Substitute beneficiaries: If your Will named your spouse as the primary beneficiary but no substitute, assets may pass under intestacy rules rather than to your chosen people.
• Guardianship: If you appointed your former spouse as guardian of your children, you may wish to reconsider that appointment.

Making a new Will after your Final Order gives you the opportunity to reflect your new circumstances fully and to appoint the right people to carry out your wishes.

Should I update my Will as soon as I separate?

Yes. It’s advisable to review your Will as soon as you decide to separate, before divorce proceedings formally begin. Your Will remains unchanged by separation alone, and early action ensures your wishes are properly reflected from the outset.

Can my ex-spouse still claim against my estate after divorce?

Yes, in some circumstances. An ex-spouse may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, particularly where there is no clean break order in place as part of your financial settlement. Taking advice on both your Will and your financial order together helps you protect your position more fully.

What happens if I die without a Will after divorce?

Intestacy rules will apply, distributing your estate according to a fixed legal formula. This may not reflect your wishes, particularly if you have children from a previous relationship, a new partner you haven’t married, or specific people you’d want to benefit. A former spouse could also potentially still bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 in certain circumstances.

How does remarriage affect my Will?

Unlike divorce, remarriage automatically revokes your existing Will in its entirety. If you remarry without making a new Will, your estate will be distributed under the intestacy rules. If you’re planning to remarry, it’s important to make a new Will, and this can be done in contemplation of the marriage so it isn’t cancelled when you wed.

Contact our Wills and divorce solicitors in Newport, Isle of Wight

If you’d like to speak with a solicitor about your Will and divorce on the Isle of Wight, please get in touch with our team today. Call us on 01983 527878, email hello@gdlegalservices.co.uk, or contact our Newport office directly. We will respond as soon as possible.