How to Update a Will After Divorce: UK Rules and Steps

Divorce changes your family structure, and your will needs to catch up. In England and Wales, finalising a divorce (called a decree absolute) automatically revokes any gift or executor appointment naming your ex-spouse in a will you made before the divorce. This means your ex-spouse cannot inherit under that old will, and they cannot act as your executor.

But automatic revocation does not create a new will for you. Your old will still exists, minus the parts about your ex-spouse. The rest of your will remains in force, which might leave gaps or unintended consequences. You should write a fresh will to reflect your new circumstances.

What Happens to Your Will Automatically When You Divorce

Section 18A of the Wills Act 1837 (as amended) says that when a divorce is finalised, your existing will is read as if your ex-spouse had died on the date of the decree absolute. Any gift to them is revoked. Any appointment of them as executor, trustee, or guardian is cancelled.

This applies only once the decree absolute is granted. During separation or after a decree nisi (the first stage of divorce), your will remains unchanged. Your ex-spouse can still inherit and act as executor until the divorce is legally final.

If your will left everything to your ex-spouse, that gift fails. The remainder of your estate passes under the residuary clause (the part that says "everything else goes to…"). If there is no residuary clause, or your ex-spouse was also the residuary beneficiary, the part of the estate they would have received is distributed under intestacy rules. You can read more about intestacy in our guide on what happens if you die without a will in the UK.

Example: your will left your house to your ex-spouse and the rest to your children. After divorce, the house gift is revoked. The house forms part of your residuary estate and passes to your children under the residuary clause. If your will had no residuary clause, the house would be distributed under intestacy rules, which might not match your wishes.

Why You Should Update Your Will After Divorce

Automatic revocation removes your ex-spouse, but it does not rewrite your will to suit your new life. You need to appoint a new executor, name new beneficiaries if needed, and appoint guardians for children if your ex-spouse was named and you want a different arrangement (though guardianship clauses in wills are less common, as parental responsibility usually continues post-divorce).

If you do not update your will, the following issues can arise:

• No executor: If your ex-spouse was your sole executor, you now have no one appointed to administer your estate. The court will appoint an administrator, usually a close relative, but this delays probate.
• Unintended beneficiaries: If your will said "I leave my estate to my spouse, or if they predecease me, to my brother", your brother now inherits everything after divorce. That might not reflect your current wishes if you wanted your children to inherit.
• Old addresses and details: Your will may reference a property you no longer own, or name people who have moved or died.
• New partner not included: If you have a new partner or remarry, they are not in your old will. Remarriage automatically revokes your entire will unless it was made "in contemplation of marriage" to that specific person (rare). See our guide on updating or changing your will for when marriage affects a will.

Writing a new will after divorce ensures your estate goes where you want it to, with the right people in charge.

Steps to Update Your Will After Divorce

Updating a will means writing a new will or adding a codicil (a formal amendment). For most people, a new will is clearer and safer. Here is how to do it:

1. Review your old will: Read it carefully. Note who you named as executor, beneficiaries, and any specific gifts. Decide what you want to keep and what must change.
2. Choose a new executor: Pick someone you trust to handle your estate. This can be an adult child, sibling, close friend, or a professional (solicitor or trust corporation). You can appoint two executors if you prefer. Read our guide on what an executor of a will actually does to understand the role.
3. Decide on beneficiaries: Who should inherit your estate now? You might leave everything to your children, split it between family and friends, or include a new partner. Be specific about percentages or fixed sums.
4. Consider specific gifts: If you want to leave particular items (jewellery, a car, a sum of money) to named people, list them. Make sure you still own those items.
5. Appoint guardians if needed: If you have children under 18 and want to name a guardian (in case both parents die), include this. If your ex-spouse has parental responsibility, they usually become the sole parent if you die, but you can express a preference for a guardian to act if both parents die.
6. Write the new will: You can write it yourself, use an online will service, or instruct a solicitor. The will must be signed by you and two independent witnesses (who are not beneficiaries or married to beneficiaries). See our guide on how to write a will in the UK for step-by-step instructions.
7. Revoke the old will explicitly: Your new will should start with a clause saying "I revoke all previous wills and codicils". This makes the old will invalid. Even though parts of it were already revoked by divorce, a revocation clause prevents any confusion.
8. Store the new will safely: Keep the original in a safe place (fireproof box, with a solicitor, or registered with a will storage service). Tell your executor where it is. Destroy any copies of the old will to avoid confusion, but keep the original old will in case of disputes about timing or intent (though the new will supersedes it).

You do not need to wait for the decree absolute to draft a new will, but the new will only takes effect after you sign it. If you die before the decree absolute, your old will applies in full, including gifts to your ex-spouse. Update your will as soon as the decree absolute is granted.

Using a Codicil Instead of a New Will

A codicil is a formal written amendment to an existing will. It must be signed and witnessed like a will. You might use a codicil if you only need to change one or two things, such as replacing an executor or adding a small gift.

After divorce, a codicil is usually not the best choice. Divorce already revokes parts of your will, and a codicil adds another layer of interpretation. If you later want to make more changes, you end up with a will plus multiple codicils, which can confuse executors and increase the risk of errors or disputes.

For most people divorcing, writing a fresh will is simpler, cheaper (no need to cross-reference old documents), and less prone to mistakes. A new will gives you a clean slate.

What If You Remarry After Divorce

Remarriage automatically revokes your entire will unless the will was made "in contemplation of" that specific marriage (section 18 Wills Act 1837). This means if you update your will after divorce and then remarry, that new will is revoked on the day you marry.

If you die after remarrying without making a new will, you die intestate. Your estate is distributed under intestacy rules, which give the first £322,000 plus half the remainder to your new spouse, and the rest to your children (if you have any). If you have no children, your new spouse inherits everything. See our guide on what happens if you die without a will in the UK for current intestacy thresholds (check GOV.UK for up-to-date figures, as these can change).

To avoid this, make a new will after you remarry, or make a will "in contemplation of marriage" just before you marry. A solicitor can draft a will that states it is made in contemplation of marriage to a named person, and that will survives the marriage. This is less common for straightforward estates, but useful if you want to ensure continuity.

If you are in a new relationship but not married, your partner has no automatic right to inherit under intestacy. You must include them in your will if you want them to benefit.

Costs and Practical Considerations

Updating a will after divorce does not have to be expensive. DIY will kits cost around £10–£50. Online will services charge £50–£150 for a single will, often with document storage included. Solicitors charge £100–£500 depending on complexity and location. See our guide on how much a will costs in the UK for a detailed breakdown.

You do not need a solicitor for a simple will (everything to children, straightforward executors). Use a solicitor if your estate is complex (business assets, overseas property, trusts, or if you want to minimise inheritance tax). Read our guide on whether you need a solicitor for a will to decide.

If you own property jointly with your ex-spouse, divorce financial orders usually address this. If the property is held as joint tenants, it passes to the survivor automatically outside the will. If held as tenants in common, your share passes under your will. After divorce, you may have severed the joint tenancy or transferred ownership. Check your Land Registry title and divorce settlement to understand what you own, then update your will to match. Our guide on what happens to your house if you die without a will explains property inheritance in detail.

Timing: When to Update Your Will

Update your will as soon as your decree absolute is granted. Do not wait. Divorce proceedings can take months or years, and during that time your old will remains valid in full. If you die before the decree absolute, your ex-spouse inherits as planned.

If you are worried about dying during the divorce process, you can make a new will immediately. The new will revokes the old one, so your ex-spouse is removed at once. When you remarry later, you will need another new will, but at least your estate is protected during the interim.

Some people wait until the financial settlement is finalised before updating the will, to avoid rewriting it twice (once after decree absolute, again after property transfer). This is a judgment call. If the divorce is contentious or slow, make a new will after the decree absolute even if the financial order is still pending. You can update the will again once the settlement is done.

Life changes fast: new partners, new children, changes in health or finances. Review your will every few years and after major life events (divorce, remarriage, birth of a child, death of a beneficiary). A will is not a one-time task.

What Happens If You Do Not Update Your Will

If you die without updating your will after divorce, your estate is distributed under the existing will minus the revoked parts. This can produce odd results.

Example: your will says "I leave my estate to my spouse. If they predecease me, I leave it equally to my two children." After divorce, the gift to your spouse is revoked. Because they are treated as having predeceased you, the gift to your children applies. Your children inherit. This might be what you want, or it might not (perhaps you wanted to include a new partner or a charity).

Another example: you named your ex-spouse as executor and your brother as substitute executor. After divorce, your ex-spouse is removed, and your brother becomes executor. If you have since fallen out with your brother or he has moved abroad, he may not be the right person to handle your estate. Without a new will, you are stuck with him or no executor at all.

If your will has no residuary clause, or your ex-spouse was the residuary beneficiary, the revoked part of your estate passes under intestacy. This means the law decides who inherits, not you. Intestacy gives your estate to your children (if any), then parents, then siblings, then more distant relatives. If you wanted to leave something to a friend, stepchild, or charity, intestacy rules ignore them.

Failing to update your will after divorce risks unintended outcomes, family disputes, and delays in probate. It takes an hour and modest cost to fix. Do it.

Divorce, Wills, and Inheritance Tax

Gifts between spouses are exempt from inheritance tax (IHT). Once you divorce, your ex-spouse is no longer your spouse for tax purposes. Any gift to them in a new will (if you choose to include them, which is rare) does not qualify for spousal exemption and counts towards your estate for IHT.

After divorce, you may want to restructure your will to reduce IHT. You can leave up to £325,000 (the nil-rate band as of 2025; check GOV.UK for current figures) free of IHT. If you own a home you leave to direct descendants (children, grandchildren), you may also have a residence nil-rate band of up to £175,000 (again, check current thresholds). These combine to give a potential £500,000 tax-free allowance per person.

If you remarry, spousal exemption applies again, and you can leave your entire estate to your new spouse tax-free (and they can inherit your unused nil-rate bands). If you stay single, your estate above £500,000 (or £325,000 if no residence nil-rate band) is taxed at 40%. You might consider lifetime gifts, trusts, or charitable donations to reduce IHT. A solicitor can advise on IHT planning after divorce.

Divorce financial settlements sometimes involve transferring assets. These transfers are not subject to IHT or capital gains tax if made under a court order or formal agreement within three years of the decree absolute. This does not affect your will, but it changes what you own, so update your will to reflect the new asset position.

Special Cases: Second Marriages, Stepchildren, and Trusts

If you have children from a previous marriage and remarry, your will becomes more important. Without a will, intestacy gives most or all of your estate to your new spouse, potentially leaving your children with nothing until your spouse also dies (and they may have their own children to provide for).

A common solution is to leave a life interest in your estate to your new spouse (they can live in your home or receive income from investments during their lifetime), with the capital passing to your children on your spouse's death. This needs careful drafting, usually in a trust, and requires a solicitor.

Stepchildren have no automatic right to inherit under intestacy. If you want to provide for stepchildren, you must name them in your will. Biological children inherit under intestacy, but stepchildren do not (unless legally adopted).

If you set up a trust in your old will (for example, to hold money for young children until they turn 18), check whether your ex-spouse was named as a trustee. Divorce does not automatically remove them as trustee of a trust created by the will, though it does remove them as executor. You should replace any ex-spouse trustees in your new will.

Updating Life Insurance and Pensions

Divorce affects more than your will. Life insurance policies and pension death benefits often have named beneficiaries. These do not pass under your will; they go to whoever is named on the policy or scheme.

Contact your life insurance provider and pension scheme to update the nomination form after divorce. If your ex-spouse is still named, they will receive the payout, overriding your will. Many people forget this step.

Some divorce settlements require you to keep your ex-spouse as beneficiary of a life insurance policy (to secure maintenance or a share of your estate for children). If so, you cannot change the beneficiary without breaching the court order. Check your financial remedy order before updating policies.

Joint bank accounts with your ex-spouse should be closed or converted to sole accounts as part of the divorce. Any remaining joint accounts pass to the survivor automatically, outside your will.

Deeds of Variation After Death

If someone dies with an outdated will after divorce, the beneficiaries can sometimes fix the problem using a deed of variation. A deed of variation allows beneficiaries to redirect their inheritance within two years of death, effectively rewriting part of the will. For example, if a parent's old will left everything to the children (because the ex-spouse's gift was revoked), but the children want to provide for the deceased's new partner, they can vary the will to give the partner a share.

Deeds of variation are useful but limited. All affected beneficiaries must agree, and you cannot use a deed to vary in favour of someone who would have inherited more under intestacy (this can trigger IHT issues). It is far better to update your will while alive. See our guide on deeds of variation for how this works after death.

This is general information, not legal advice. Wills and inheritance rules vary — for anything binding, use a regulated solicitor or will-writing service.