When you get married, divorce is the last thing you believe will happen. However, if you and your partner do decide it’s time to divorce, it’s essential to keep in mind that your will doesn’t automatically update to reflect your new status. 

Suppose you don’t make the necessary changes. In that case, you might inadvertently leave your ex-spouse in control of your assets or as a beneficiary, which likely isn’t in line with your current intentions.

Updating your will guarantees that your estate is managed and distributed exactly how you see fit, safeguarding your loved ones and your wishes. But what exactly should you change, and how do these amendments legally protect you and your heirs? 

The answers might surprise you and are too important to overlook.

Should I change my will when I divorce?

After a divorce, updating your will is essential to guarantee your assets are distributed according to your current wishes. Since divorce doesn’t automatically revoke your will in England and Wales, failing to make necessary changes can lead to your ex-spouse inadvertently benefiting. 

Remember, the dynamics of your family and financial situations are likely altered post-divorce. You might want to redistribute your assets to your children, siblings, or even charities that have become important to you. This redirection can’t occur without revisiting and revising your existing will.

You should also consider the appointment of executors and trustees. These roles, possibly previously filled by your spouse, will need new appointees who you trust to handle your estate effectively and according to your revised intentions.

Implications for unchanged wills

If you don’t update your will after a divorce, your ex-partner won’t automatically be removed as an executor, which could complicate the management of your estate. Despite the significant changes, the legal standing of your will remains intact. This means that without an update, your ex could still inherit, manage and distribute your assets per the instructions in your will prior to the divorce, potentially overseeing significant decisions about your estate. This arrangement can be particularly challenging if the relationship ends on less than amicable terms, possibly leading to conflicts or delays in the estate administration process.

Rights of ex-spouses

Ex-spouses may still claim a share of the estate if they relied on you financially during the marriage or after with young children. It’s important to understand that the termination of the marriage doesn’t automatically sever their potential rights to your assets. This is particularly significant if your will was drafted during your marriage and has not been updated post-divorce.

Are my children affected by the divorce?

When you’re managing a divorce, it’s important to think about how this change affects your children’s inheritance rights.

If you have stepchildren, be mindful that they don’t automatically inherit unless specified in your will.

Keeping your will updated guarantees that your intentions for all your children, biological or step, are clearly defined and legally protected. If you would like to solely gift your children your estate, you will need to have updated and reflected this in your new will.

If I have step-children, can they make a claim after divorce?

Following a divorce, step-children typically can’t claim your estate unless you have explicitly included provisions for them in your will. It’s important to take this into account when updating your will to reflect your current family circumstances.

If you’ve formed a close bond with your step-children and wish to provide for them, you’ll need to add specific clauses to your will detailing their inheritance. Without these explicit instructions, they won’t automatically receive any part of your estate.

This careful planning can prevent potential disputes and make sure that all your loved ones are taken care of according to your wishes. Remember, updating your will post-divorce is essential to safeguarding the interests of both your biological children and step-children.

Revising your will post-divorce

It’s important to update your will after a divorce to guarantee it accurately reflects your current intentions and beneficiaries. This step is necessary to avoid unwanted legal hassles and unintended distribution of your assets. For instance, if you don’t revise your will, there’s a risk that your ex-spouse might still be listed as a beneficiary. This oversight could lead to them claiming a part of your estate.

Take immediate action to update your Will. This revision helps ensure that your assets are distributed according to your new wishes and that former family members aren’t inadvertently included.

DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered in this article, please speak to Final Wish directly.