What does divorce change in a will?
Under section 18A of the Wills Act 1837, once a court in England and Wales dissolves or annuls your marriage (or a recognised overseas divorce takes effect), your will is read as if your former spouse had died on that date:
- Gifts to them pass as if they had died, usually to a backup beneficiary or into the residue.
- Their appointment as executor or trustee takes effect as if they had died.
- Their appointment as guardian of your children is revoked (Children Act 1989, section 6).
These rules apply "except in so far as a contrary intention appears by the will", so a will that clearly says gifts to a spouse should survive divorce is treated differently. The same rules apply to ending a civil partnership (section 18C).
When does the rule take effect?
On the date the marriage is dissolved, which is the final order in a divorce. For divorces started under the rules in force since 6 April 2022, the stages are called the conditional order and the final order; older divorces used the terms decree nisi and decree absolute. Separation, and a conditional order on its own, do not change the will.
What stays the same after divorce?
Every other part of the will: gifts to children, relatives, friends and charities, other executors, and the residue clause. That can catch people out. Some assume the whole will is cancelled and do nothing; others assume nothing has changed.
Divorce also leaves things outside the will unchanged. A pension or life insurance nomination naming your former spouse stays in place until you change it with the provider, and a home you owned as joint tenants passes to the surviving owner unless the joint tenancy has been ended (GOV.UK: joint property ownership). See what a will does not cover.
Can a former spouse still make a claim?
Possibly. Section 18A(2) keeps a former spouse's right to apply to court under the Inheritance (Provision for Family and Dependants) Act 1975, which covers a former spouse who has not remarried or formed a new civil partnership. Financial orders made on divorce can affect this, so ask your family solicitor. See can I disinherit someone.
What about separation before the divorce is final?
Until the final order, your spouse is still your spouse. They keep any gifts in your will, and if you die without a will they inherit under the intestacy rules. The exception is a judicial separation order: while one is in force, an estate passing on intestacy is distributed as if the other spouse had died (Matrimonial Causes Act 1973, section 18).
If you want to change your will during separation, you can make a new one at any time. Take advice about what to leave a spouse you are separating from, because they may still be able to apply to court.
Should you make a new will after divorce?
Usually, yes. After the automatic changes, what remains may not fit your life:
- If your former spouse was your only executor and there is no substitute, someone else has to apply to administer the estate. See what an executor does.
- A gift that falls away may pass into the residue, to people you did not intend.
- Guardians, trustees and backups may assume a family that no longer exists.
- A new partner inherits nothing unless you marry them or name them in a will.
A new will revokes the old one completely. See changing your will and, for a new relationship, wills for unmarried couples.
Sources
- Wills Act 1837, section 18A and section 18C
- Children Act 1989, section 6
- Non-Contentious Probate Rules 1987, rule 20 (who can apply when there is a will)
- Inheritance (Provision for Family and Dependants) Act 1975, section 1
- Matrimonial Causes Act 1973, section 18
- Divorce, Dissolution and Separation Act 2020 (in force 6 April 2022)
- GOV.UK: Joint property ownership
Sources checked 24 September 2026.