Do You Need a New Will After Divorce or Separation? UK Guide 2026

Divorce is exhausting. There’s the emotional toll, the endless solicitor emails, arguing about who gets the coffee machine, sorting out childcare arrangements, dividing assets, untangling finances—and by the time your decree absolute comes through, the last thing you want to think about is more legal admin.

So your will sits in a drawer somewhere, untouched. You know you should probably update it, but surely divorce sorted most of that out automatically? Your ex can’t inherit anymore, right?

Not quite.

Here’s the reality: divorce changes some parts of your will, but not in the way most people think. And separation—even if you’ve been apart for years—changes nothing at all.

Leaving an old will in place after your relationship ends can produce outcomes that would horrify you. We’re talking about your ex potentially inheriting your home, your new partner getting nothing, or your children losing out because of provisions you forgot existed.

This is what actually happens to your will after divorce or separation in the UK, and why updating it needs to be higher on your priority list than it probably is right now.

Does divorce automatically cancel or update your will?

No. Divorce does not cancel your will.

What it does do—and this is where the confusion comes from—is treat your ex-spouse as though they died before you. Any gifts you left them in your will fail. If you appointed them as executor or trustee, that appointment is revoked.

That sounds like it sorts everything out. It doesn’t.

Because while your ex is removed, the rest of your will stays exactly as it was. And that’s where problems start.

Let’s say your will originally said: “Everything to my spouse. If they die before me, everything is split between my children from my first marriage and my spouse’s children.”

After divorce, your ex is treated as having predeceased you, so the gift to them fails. Fine. But now that backup clause kicks in—the one that splits everything between all the children, including your ex’s kids who you’ve had no relationship with since the divorce.

Is that what you wanted? Probably not. But it’s what your will now says.

This is why “divorce sorts it out” is one of the most dangerous assumptions people make.

What happens if you die after divorce without updating your will?

It depends entirely on what your old will actually says—and most people can’t remember the details.

If your will named your ex-spouse as the main beneficiary

The gift to them fails. So far, so good. But what happens next depends on whether your will included backup beneficiaries.

If it did, your estate passes to them—which might be fine, or might be completely inappropriate depending on who they are and how your circumstances have changed.

If it didn’t include backups, that part of your estate may fall into intestacy. You technically still have a will, but chunks of it don’t work anymore, so the government’s default rules take over for those bits.

Intestacy is never designed around your actual wishes. It’s a one-size-fits-all formula that rarely produces results people would choose.

If you had mirror wills with your ex

Mirror wills are incredibly common for married couples—basically identical wills where each spouse leaves everything to the other, and then to the children.

After divorce, these become legal landmines.

Your ex is removed from your will automatically. But everything else stays. Your will might still say things like “to be divided equally among all our children”—which could include stepchildren you no longer have any relationship with.

Or it might name your ex’s brother as executor. Or include provisions for their parents. Or contain instructions about property you no longer own.

People forget these things exist. Years pass. Then they die, and their family discovers the will is full of outdated instructions that make no sense anymore.

If you simply never update it at all

Then you’re gambling. You’re hoping that the automatic removal of your ex-spouse happens to produce a sensible outcome for the rest of your estate.

Sometimes it does. Often it doesn’t.

The stakes get higher if you own property, have remarried, have new children, or have formed a relationship with someone you’re not married to. Every one of those situations makes an outdated will more dangerous.

Separation vs divorce: what’s the legal difference for your will?

This is the bit that catches people out constantly.

Separation changes absolutely nothing.

You can be separated for five years. You can be living on opposite sides of the country. You can be in new relationships, with new children. Doesn’t matter.

If you’re separated but not divorced:

• Your spouse is still your spouse legally
• Your existing will remains fully valid and unchanged
• Your spouse inherits exactly as your will says—or under intestacy rules if you don’t have a will

This is one of the highest-risk periods for outdated wills, because people assume they’re protected once the relationship has ended. They’re not. Not legally.

If you’re separated and your old will leaves everything to your spouse, they get everything if you die. Even if you haven’t spoken in three years. Even if they’ve moved on. Even if you desperately don’t want that to happen.

The only thing that changes your will is actually getting divorced—and even then, it doesn’t change it enough.

Why this is especially dangerous if you own a home

Property ownership makes outdated wills exponentially more problematic.

If you owned your home jointly with your ex-spouse, the divorce settlement probably dealt with that—one of you bought the other out, or the house was sold. But if your will still contains old instructions about the property, or names your ex as someone who could inherit it, things get messy fast.

Common disasters include:

Your ex inheriting part of your home. If your will still has provisions that could route property to your ex-spouse, and those provisions don’t fail cleanly after divorce, they might still inherit. It’s rare, but it happens—usually because of complex backup clauses people forgot existed.

Mortgage obligations passing unexpectedly. If there’s still a mortgage on property mentioned in your will, whoever inherits might also inherit the debt. If your will hasn’t been updated to reflect your current circumstances, that burden might fall on the wrong person.

Forced sale because instructions aren’t clear. Outdated wills often contain instructions about property that no longer make sense—sell it, keep it, let someone live there. If executors can’t figure out what you actually wanted versus what the old will says, it can force a sale nobody wanted.

New partners left homeless. If you’ve moved on and bought a house with someone new, but your will still reflects your old life, your new partner might have no legal claim to stay there if you die.

For homeowners, updating your will after divorce isn’t optional. It’s essential.

What happens to children and guardianship after divorce?

Divorce doesn’t automatically update guardianship arrangements either.

If you appointed your ex-spouse as guardian in your will—which makes sense when you’re married—that appointment is revoked by divorce. Good.

But that still leaves questions:

Who’s the guardian now? If you didn’t name backup guardians, there’s a gap. The court will decide, and they might not choose who you’d want.

What about stepchildren? If you had a blended family and your will makes provisions for stepchildren you’re no longer in contact with, is that still appropriate?

Are the financial arrangements right? Your will might include provisions for how children inherit, when they inherit, who manages the money until they’re old enough. Do those arrangements still make sense after your circumstances have changed?

Does it reflect current living arrangements? If you and your ex share custody, or if one parent has primary care, your will should reflect that reality.

For separated or divorced parents, updating your will isn’t just about removing your ex. It’s about making sure the arrangements for your children still work.

New partners, second relationships, and inheritance risks

This is where the really heartbreaking disputes happen.

After divorce, many people form new relationships. Some remarry. Some move in with someone but don’t marry. Some have more children.

And they forget to update their will.

Without an updated will:

Your new partner may inherit nothing. If you’re not married to them, they have no automatic inheritance rights. Your old will probably doesn’t mention them. They could lose the home you shared, have no claim on your estate, be left with nothing after years together.

Children from previous relationships get cut out. Or the reverse happens—your will still benefits children from your first marriage, but makes no provision for new children. Or it treats them unequally in ways you never intended.

Your ex’s family still benefits. If your old will included provisions for your ex’s parents or siblings, those might still be valid. Do you really want your ex-mother-in-law inheriting part of your estate?

Your estate gets split in bizarre ways. When old wills meet new relationships, the results are often completely at odds with what anyone involved would actually want.

This is one of the most common causes of estate disputes. Second families versus first families. New partners versus biological children. Nobody wins, and it could all have been avoided with an updated will.

When should you update your will after divorce or separation?

The honest answer: as soon as you separate, and again once you’re divorced.

When you separate: Even though separation doesn’t legally change your will, you can still update it. You probably should. Don’t wait for the divorce to be finalised—it can take years, and you’re not protected during that time.

When the divorce is finalised: Update it again. Your circumstances will have changed between separation and divorce. Reflect those changes.

When you buy or sell property: Especially if it was the family home. Your will needs to reflect what you actually own now, not what you owned when you were married.

When you enter a new relationship: Even if you don’t marry. Make sure your new partner is provided for if that’s what you want.

When you have more children: Whether with a new partner or otherwise. Make sure all your children are treated fairly.

When you remarry: Because getting married automatically cancels your will, even if you made it after your divorce. Yes, really. If you remarry, you’re back to square one—you need yet another new will.

Waiting for “things to settle down” usually means it never gets done. Do it now, and update it again when circumstances change. Wills aren’t one-and-done documents.

What should you review in your will after divorce?

When you’re updating your will post-divorce, you need to look at:

Beneficiaries. Who inherits now? Is it just your children? New partner? Extended family? Make it explicit.

Executors. If you named your ex-spouse as executor, they’re automatically removed—but who replaces them? Don’t leave it blank.

Guardians for children. If your ex was named (unlikely, but possible in some setups), who takes over? Even if they weren’t, do the existing arrangements still make sense?

Trustees. If you set up trusts for children or other beneficiaries, who’s managing them now? Your ex might have been a trustee.

Property instructions. What happens to your home? Any other property you own? Make sure the instructions reflect what you actually own now and who you want to benefit.

Life insurance and pension links. These aren’t technically part of your will, but check them. Many people forget to update beneficiary nominations on life insurance policies and pensions after divorce. Your ex might still be listed.

Specific gifts. Did you leave anything to your ex’s family? Specific items to people who aren’t in your life anymore? Clean those out.

It sounds like a lot, but most solicitors can do this quickly once you’ve decided what you want.

Common mistakes people make after divorce

“Divorce sorted my will out automatically.”
It removed your ex. It didn’t rewrite the rest of it to make sense.

“My ex can’t inherit anymore, so I’m fine.”
Your ex personally can’t, but if your will contains complicated provisions, parts of your estate could still end up in places you never intended.

“I’ll update it once things settle down.”
Things rarely “settle down.” Life continues. You form new relationships, buy property, have more children. Waiting means you’re unprotected the entire time.

“My children are automatically protected.”
Not if your will doesn’t say so. And not if it says something else entirely that you’ve forgotten about.

“I don’t need to bother because I don’t have much.”
If you own a home, have savings, have a pension, or have children, you have enough to warrant a will. Intestacy doesn’t care about the size of your estate—it applies the same rigid formula regardless.

These assumptions are exactly how people end up leaving estates that cause huge family disputes.

What if you’re separated but the divorce is taking forever?

This is incredibly common. Divorces can take years, especially if finances or children make things complicated.

Don’t wait. Update your will now, while you’re separated, to reflect your current wishes. You can update it again later if needed, but at least you’re protected in the meantime.

If you die while separated but still legally married, your spouse inherits under your current will—or under intestacy rules if you don’t have one. That might be the last thing you want.

A new will, made after separation but before divorce, can direct your estate however you actually want it to go. It’s legally valid and it protects you during what can be a very long wait.

The bottom line: divorce is a legal reset—your will needs to match it

Divorce changes everything about your legal and financial position. Your will needs to catch up.

An updated will:

• Reflects who you actually want to inherit
• Protects new partners who have no automatic rights
• Makes sure children from different relationships are treated fairly
• Removes outdated executors, trustees, and guardians
• Clarifies what happens to property you own now
• Prevents family disputes over what you “would have wanted”

If you’re separated or divorced and you haven’t updated your will, it needs to be near the top of your to-do list. Not next month. Not when you get round to it. Now.

The life you’re living now isn’t the life your old will reflects. Make sure the legal documents match the reality.

Ready to update your will and move forward with clarity? We can help you get it sorted properly.