Updating your will after marriage, divorce or separation

A will is not a once in a lifetime document. Some events change it automatically, and some do not change it at all when you might expect them to. Marriage and divorce are the two that catch people out most often. Here is what happens, and what to do about it.

Marriage and civil partnership cancel your will

In England and Wales, getting married or entering a civil partnership revokes any will you made before, unless the will was made in expectation of that particular marriage and says so. This takes a lot of people by surprise. If you married after making your will and have not made a new one, you almost certainly have no valid will, and the intestacy rules will apply when you die.

The practical answer is to make a new will after you marry, or to make a will before the wedding that is expressly made in contemplation of it.

Divorce does not cancel your will

Divorce is the opposite case. Your will stays valid, but once the divorce is final your former spouse is treated as if they had died before you. Any gift to them fails, and if they were named as executor they can no longer act. The rest of the will carries on as written.

That sounds tidy, but it often leaves gaps. If the will left everything to your spouse and named no one else, the failed gift may fall into intestacy. If your spouse was your only executor, there may be no one to act. A new will is nearly always the right step after a divorce.

Separation changes nothing

This is the dangerous one. If you are separated but not yet divorced, your spouse is still your spouse. Your existing will still applies in full, including any gift to them. If you have no will, they inherit under the intestacy rules as a spouse. Separation itself has no effect.

If you have separated and do not want your spouse to inherit, make a new will as soon as possible. Bear in mind that a spouse may still be able to bring a claim against your estate until the divorce is final, so the will should be drafted with that in mind.

A new relationship

Moving in with a new partner does not change your will either. If you want to provide for them, you must do it by will, because an unmarried partner has no rights under intestacy. If you also want to protect an inheritance for children from your earlier relationship, a will with a trust in it can do both.

Other reasons to review your will

Marriage and divorce are the big ones, but it is also worth looking at your will after:

• the birth of a child or grandchild
• the death of a beneficiary, executor or guardian
• buying or selling a home, or moving abroad
• a significant change in what you own
• a falling out, or a reconciliation

A good habit is to read your will through every few years and ask whether it still says what you want.

Making the change

Small changes can be made by a codicil, a short document that amends the will and is signed and witnessed in the same way. For anything more than a minor tweak, a new will is usually clearer and avoids confusion. Never write on the original will itself.

We help people across Norfolk and Suffolk review and update their wills after life changes, visiting at home and hand delivering the new will for signing.