What Happens to Your Will When You Divorce?

A divorce does not automatically invalidate your existing will however it can have a significant impact on the terms of the Will.

Many married couples make wills appointing one another as executors and beneficiaries in their wills. Our Head of Private Client explores what happens to your Will on divorce. Once a final order has been issued to end your marriage, the terms of your will automatically change. Specifically, any provisions in your will naming your ex-spouse as a beneficiary, trustee or executor could be treated as if they died before you. Your ex-spouse is merely treated as if they died before you. Incidentally, anything that you have left to your ex-spouse will then pass to the next beneficiary entitled to it. If, however, everything had been left to your ex-spouse, then your estate would be dealt with as if you died without a valid will and in accordance with the intestacy rules. If this happens there is a risk that your estate could end up being distributed to other people than you would have wanted.

What If Your Ex-Spouse Was Named as Executor?

If your will named your ex-spouse as your executor, but it also named other executors, they will be able to continue to act. However, if your Will solely named your ex-spouse as your executor, then this would result in there being nobody able to administer your estate and an alternative executor would need to be appointed by the court.

What Happens to Your Will If You Remarry?

If you re-marry, any existing will you have in place will be revoked altogether, unless you have included specific wording in it about entering into a new marriage (contemplation of marriage clause). If you have made a will in contemplation of marriage and you have named the person you intend to marry, your will won't be revoked.

If your will is revoked by marriage and you die without putting a new will in place, then your estate will be dealt with in accordance with the intestacy rules.

How Can We Help?

The team at Endeavour Law are here to help you; if you are in the process of getting a divorce or if you are divorced and you're planning to remarry then it's important to understand the impact this will have on them. Talk to us today if any of the issues highlighted above affect you.