Why reviewing your Will is one of the most important steps you can take
Divorce is a major life change that reaches far beyond the emotional impact. Your legal and financial arrangements, especially your Will, also need careful attention.
Updating your Will after divorce protects your assets, avoids unintended outcomes, and ensures your wishes are honoured.
5 Key Reasons to Update Your Will After Divorce
1. Your Ex-Spouse May Still Appear in Your Will
Under Section 18 of the Wills Act 1837, any gifts or appointments made to an ex-spouse are automatically revoked once your divorce is final. This means:
- Executor roles are revoked – If your ex-spouse was appointed as Executor, they can no longer act. You should name a new trusted Executor to avoid complications.
- Gifts and inheritance to your ex-spouse disappear – If they were your sole residuary beneficiary, your estate may fall under the intestacy rules, which may not reflect your wishes.
- If you want your ex-spouse to remain a beneficiary or Executor – Your Will must be updated to confirm this; otherwise, the law will treat them as if they died on the date of your divorce.
2. Reconsider Guardianship for Minor Children
Your Will may name guardians for your children. After a divorce:
- You may no longer wish your ex-spouse or their relatives to act as guardians.
- Or you may want to reaffirm and update your preferences.
Updating these provisions ensures your children are cared for by the people you trust most. Guardianship also needs to be carefully considered when there are Child Arrangement Orders in place.
3. Your Asset Picture Has Changed
Divorce often reshapes your finances:
- Assets may have been divided or transferred.
- New assets may now form part of your estate.
- Sentimental items and family heirlooms may need reallocating.
A revised Will ensures your estate reflects your new circumstances and goes to the right people.
4. Review Your Lasting Powers of Attorney (LPAs)
If your former spouse was appointed as your Attorney, their appointment is automatically revoked on divorce.
This means:
- Your LPA may become unusable if no replacement Attorneys were named.
- If you later lose capacity, family or friends may need to apply to the Court of Protection, a slow and costly process.
Updating your LPAs ensures someone you trust can act on your behalf when needed.
5. Update Wider Estate Planning: Tax, Trusts, and Policies
Divorce affects more than just your Will. You may also need to review:
- Inheritance Tax planning – Married couples benefit from transferable nil-rate bands, but these are lost on divorce.
- Trusts, life assurance policies, nominations, and joint estate planning – These may no longer reflect your wishes and could cause disputes if left unchanged.
- Long-term financial strategies – Your goals and responsibilities may now be very different.
Taking fresh advice ensures your planning is aligned with your new life.
Take Control of Your Future
Updating your Will and estate planning after divorce are essential steps to avoid complications and ensure your wishes are followed. A review now can save your family stress, protect your assets, and give you peace of mind.
If you have any concerns or questions about anything raised in this article then please contact Megan Morgan in the Private Client Department who will be happy to assist you.