In England and Wales, marriage normally revokes an existing will unless a relevant exception applies, such as a properly expressed intention concerning a particular forthcoming marriage. Divorce works differently: it does not normally revoke the whole will, but can change provisions involving the former spouse. Separation alone should not be treated as a final divorce.
These distinctions make a relationship change a good time for a complete document review. Rules differ elsewhere in the UK, so confirm the jurisdiction before using this guide.
Before marriage: check the existing will
Do not assume that a will remains effective merely because it already names your partner. The exception for a will made in contemplation of marriage has specific requirements. HMRC’s guidance on marriage and wills explains the legal starting point.
If you want a will to continue after a planned marriage, obtain advice on the wording before signing. If the marriage has already taken place, ask whether the old will survived and what arrangements apply until a valid new document is completed.
After divorce: examine gifts and appointments
Under section 18A of the Wills Act 1837, the former spouse is generally treated as having died for specified gifts and appointments, unless a contrary intention appears. Other parts of the will can remain effective. That can leave a substitute taking a role or a gift passing under another provision.
Read the whole document, including substitutes and the residue of the estate. Do not simply cross out a name on the original. The result may be different from what you now want, particularly where children, trusts or earlier family relationships are involved.
Separation is a review point too
Moving out, starting divorce proceedings and receiving the final divorce order are different events. If you are separated but still married, seek advice about the current will and inheritance position rather than waiting for the process to finish.
Keep the legal review separate from arrangements concerning jointly owned property, pensions, insurance and powers of attorney. A new will does not automatically change every nomination or account arrangement. Our guide to life insurance held in trust can help you identify questions to ask the insurer if that is relevant to your planning.
A practical review list
Current will, codicils and the location of the original.
Marriage or civil-partnership details, separation dates and any final order.
Executors, trustees, guardians, substitutes and beneficiaries named in the document.
Property ownership and any arrangements that may operate outside the will.
Pension nominations, insurance documents and powers of attorney to review separately.
Make a list of your present wishes in ordinary language before discussing legal wording. State what should happen if a chosen person cannot act or dies first. If you have overseas assets or an overseas marriage or divorce, flag that immediately.
Avoid a gap between intention and valid paperwork
Example: Someone divorces and assumes their entire old will has disappeared. They make no replacement because they intend to decide later. In fact, parts of the old document may still operate, while the treatment of their former spouse can redirect gifts in an unintended way. Reading the actual will is more useful than relying on a general rule alone.
Use the making-a-will guide to prepare for the next step. Follow a valid amendment or replacement process and make sure the correct original can be found. Keep written confirmation of completed changes instead of treating an unsigned draft as finished planning.
Does divorce cancel my whole will?
Not normally in England and Wales. It can alter gifts and appointments involving your former spouse while leaving other provisions effective. The wording and any contrary intention must be checked.
Is a will naming my fiancé automatically protected from revocation?
No. Naming a partner is not the same as satisfying the requirements for a will made in contemplation of a particular marriage. Get the wording checked before relying on that exception.
Take the next step at your pace
Start with the documents and the appropriate organisation for your situation. You can optionally create a Solace account to explore the functions currently available. This guide does not promise UK legal templates or a service that completes the procedure for you. For further practical guidance, you can use the existing newsletter form.
If a dispute has arisen after a death, see our guide to contesting a will in England and Wales. If you are comparing planning and estate-support services, read Solace Care and Farewill: key differences to understand the different services described.
