Update your will after divorce

Divorce does not revoke your will. What changes automatically, what does not, and the accounts a will never touches.

Updated 19 August 2026·5 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

This is the most commonly missed step after a Final Order, and the consequences fall on the people you leave behind.

What happens to an existing will

The Final Order does not cancel your will. Your former spouse is treated as if they had died before you for gifts and executor appointments, which can leave parts of the will ineffective or the estate partly intestate.

Things a will does not control

  • Death in service benefits and pension death benefits, which follow your nomination form.
  • Life policies written in trust.
  • Property held as joint tenants, which passes by survivorship unless you sever the tenancy.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

Frequently asked questions

Should I sever a joint tenancy? ▼

Often yes, so your share passes under your will rather than automatically to your co-owner.

Can an ex still claim on my estate? ▼

Possibly, unless financial claims were dismissed by a sealed order.

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