Why You Should Update Your Will When Getting Divorced 

Key Points about Wills and Divorce 

During Divorce Proceedings 

While your existing Will remains valid until your divorce has been finalised, your spouse can still benefit from your Will if you die before the final order (or decree absolute for divorce started before 6th April 2022) is granted. This is why it is important to keep your Will under review as you navigate big changes in your life, such as separation and divorce. Any appointment of your spouse as executor remains valid until divorce is finalised. 

After Final Order or Decree Absolute 

Once divorce is finalised, your ex-spouse will be treated as if they had died before you, meaning that any gifts to them in your Will become void, as will any appointment of them as executor. If your ex-spouse was the main beneficiary, this could result in partial intestacy. Assets intended for your ex-spouse may pass to other beneficiaries named in the Will, or according to intestacy rules. 

Important Actions to Consider 

Review Your Will 

Make a new Will as soon as you begin divorce proceedings rather than waiting for the divorce to be finalised. Divorces take between 6-12 months to be fully completed, so you may want to consider interim arrangements during the divorce process.  Ensure your wishes are clear regarding any children from the marriage, at the same time you should rereview your choice of executors and trustees. 

Property Considerations 

Divorce can effect how property is dealt with after your death. 

Joint Tenancy 

If you own property as joint tenants with your spouse, consider severing the joint tenancy, this will convert your ownership to tenants in common.  This prevents your share automatically passing to your ex-spouse on death. Your share can then be left to chosen beneficiaries in your Will. Notice must be given to your spouse when severing a joint tenancy. 

Property Protection 

Consider trust arrangements to protect property, review mortgage protection policies and update any necessary property ownership documents. 

Other Important Updates 

Some other things to keep under review to update might be life insurance policies and nominations, pension beneficiary and investment account nominations, death in service benefits, and trust arrangements. 

Professional Advice 

It is recommended to seek professional legal advice to ensure your new Will is valid, so that you can protect your assets effectively in the event of your death. We can help to navigate any complex property arrangements, and trust arrangements and even address international assets if applicable. 

 You may need special consideration of any business interests, arrangements for any children under the age of 18. It is possible to pass on your Parental Responsibility in a Will to someone who you trust to care for and make decisions on behalf of your children. 

Best Practice 

It is best practice to update your Will as soon as separation occurs, and to keep this under review throughout the divorce process, as your feelings may change. Once the final order or decree absolute has been granted, you should make a final update to your Will. You will also want to consider updating when circumstances move on after your divorce, such as any new relationships you enter, or additional children you have. 

Get in Touch 

For expert legal advice on family law, divorce law or estate planning, contact Chadwick Lawrence today. Our specialist family law solicitor team is here to help with any questions or issues you may be facing. We offer consultations over the phone, via video call or in person at one of our offices across West Yorkshire. 

Call us: 0800 015 0340
Email us: family@chadlaw.co.uk