Divorce and your last will and testament

Unlike marriage, getting a divorce does not cancel or revoke your previous will.

Instead any gifts to your ex-spouse or civil partner will be treated as though they died on the date of the divorce or dissolution.  If you only have a gift to your ex then this effectively leaves you in an intestacy situation.  This can be very confusing and stressful for those you leave behind.

Separation from your spouse or civil partner will not trigger this effect.  Only the Decree Absolute or Final Order of Dissolution will have this effect.

If it is your wish that your ex partner or spouse should not receive gifts that they were previously entitled to before the Decree Absolute or Final Order of Dissolution we suggest you update your will as soon as practical.  Be aware that if you get back together with your ex before the divorce or dissolution is finalised this updated will continues to be in force.

Also bear in mind that your ex may have grounds to challenge your will.  This is especially the case if they are financially dependent on you.  If you feel you may be in this situation you should speak with a traditional solicitor.