---
title: "Does divorce affect a will?"
description: "Divorce does not revoke a will, but your ex is treated as having died on the decree absolute. Make a new will after divorce."
url: "https://swiftwill.co.uk/does-divorce-affect-a-will/"
author: "Marcus Kaiser"
date_modified: "2026-08-12"
---

# Does divorce affect a will?

Divorce does not revoke your will — but the law treats your ex-spouse as if they had died on the date the marriage legally ended. Any gift to them lapses, and so does their appointment as executor. Everything else in the will remains valid, which is exactly why you should rewrite it.

> SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information.

## What does divorce change in a will automatically?

Unlike marriage, divorce does **not** revoke a will. Instead, once a marriage
 or civil partnership is legally ended, the law treats your ex-spouse as if they had died on
 that date. Two things lapse automatically:

- **Gifts to your ex-spouse** — anything left to them fails and passes to whoever is next in line under the will.
- **Their appointment as executor** — if you named them to administer your estate, that appointment is cancelled.

## What in a will stays the same after divorce?

Every other clause — gifts to children, family, friends and charities, guardian
 appointments, funeral wishes, the residue — remains valid and enforceable. This catches
 people out in both directions: some assume the whole will is dead and do nothing, while
 others assume nothing changed and leave in place a document that no longer reflects their
 life.

## Should you still make a new will after divorce?

Even after the automatic tidy-up, what remains is rarely what you would choose fresh:

- If your ex was your only executor, the job falls to a substitute — or, if you never named one, to the courts. See [what an executor does](/what-is-an-executor/) and why substitutes matter.
- Lapsed gifts may land in the residue, or pass to people you only included to please your ex.
- Guardianship clauses, trustees and substitute beneficiaries often assume a family structure that no longer exists.
- A new partner you now want to provide for inherits nothing unless you say so — unmarried partners have no automatic rights at all.

## What is the cleanest fix after divorce?

A new will revokes the old one completely and lets you rebuild around your life as it is
 now. Our guide to [changing your will](/changing-your-will/) covers the
 mechanics. With SwiftWill, updates are free for life, so you can
 [make your will in about 15 minutes](/start/) today and adjust it again whenever
 things change — one-time £35, no subscriptions.

## Frequently asked questions

### Is my will still valid after a divorce?

Yes — minus everything involving your ex-spouse. The will itself survives; gifts to your ex and their appointment as executor lapse, and all other clauses remain valid and enforceable.

### My ex is my executor — what happens now?

Their appointment lapses automatically. A substitute executor, if you named one, steps in. If you never named a substitute, the court appoints an administrator instead.

### Does separation without divorce affect my will?

No. Until the marriage or civil partnership is legally ended, your spouse keeps every right the will gives them — however long you have lived apart. If you want them out before the divorce is final, you need a new will.

### When exactly does the ex-spouse rule kick in?

When the marriage is legally dissolved — the final order in a divorce or dissolution. The earlier conditional order and the separation itself do not trigger it.

### Should I wait for the divorce to finalise before making a new will?

No — and waiting is often the riskier option. A new will takes effect as soon as it is signed and witnessed, revoking the old one, so you can put your affairs in order at any point.

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Last modified: 2026-08-12
Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)