Divorce, Separation and Wills: Why You Need to Update Yours

As March marks Make a Will Month, it’s the perfect time to review your estate planning—especially if you’ve been through a divorce.

Many people don’t realise that divorce can have significant legal implications for their will.

Failing to update it could result in unintended consequences for your loved ones.

What Happens to Your Will After Divorce?

In England and Wales, when you get divorced, your ex-spouse is automatically treated as if they had died before you for the purposes of your will.

This means:

• Any provisions in your will leaving assets to your ex-partner will no longer be valid.
• If your ex-spouse was named as an executor or trustee, they will be removed.
• The rest of your will remains in effect, which could lead to unintended gaps in your estate plan.

However, if you have only separated but are not legally divorced, your ex-spouse may still inherit if they are named in your will.

How Legal Separation Agreements Affect Wills

A legal separation agreement does not have the same automatic effect on a will as a divorce does.

This means:

• Your spouse may still inherit under the terms of your existing will.
• Any financial arrangements set out in the separation agreement may need to be reflected in your estate planning.
• If you pass away before finalising a divorce, your spouse may still be entitled to claim part of your estate.

To avoid unintended consequences, it’s crucial to update your will as soon as you enter a legal separation agreement.

Why You Should Update Your Will After Divorce

A will is essential to ensuring that your wishes are carried out after your death.

After a divorce, failing to update your will could mean:

• Your assets are distributed in a way you no longer intend.
• Your children, new partner, or other beneficiaries may not be adequately provided for.
• Uncertainty and potential legal disputes among family members.

What If You Don’t Have a Will?

If you pass away without a valid will (intestate), your estate will be distributed according to the rules of intestacy, which may not reflect your wishes.

For example, if you have children, your estate may be split between them and your new spouse (if remarried), rather than going where you intended.

If you don’t have a will, now is the time to make one to ensure your estate is handled according to your wishes.

The Importance of Making a Power of Attorney

A Power of Attorney allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so due to illness or incapacity.

Many people overlook this crucial document, but it ensures that financial, legal, and healthcare decisions are made in your best interests.

Without it, your loved ones may face lengthy and expensive legal processes to gain authority over your affairs.

Pensions and Your Will

Pensions cannot be included in a will, so it’s important to review your death-in-service benefits and ensure that your pension nominations are up to date.

At the initial consultation, I advise my clients to contact their pension providers to review their expression of wishes form or a nomination form.

This ensures their pension benefits are directed to the right person.

How Ash Family Law Can Help

At Ash Family Law, we play a crucial role in helping you navigate the complexities of updating your will.

We can:

• Provide legal advice on how your divorce settlement impacts your estate planning.
• Ensure that any financial settlements are reflected properly in your will.
• Work alongside a wills and probate solicitor to draft a legally sound updated will.
• Help you understand the implications of trusts, guardianship, and inheritance laws post-divorce.

Get in touch to find out more.

As Make a Will Month is here, now is the perfect time to review and update your will—or create one if you haven’t already.

Don’t leave it to chance—take control of your future today by ensuring your estate planning reflects your current wishes.