Frequently Asked Questions
Please use the tabs below to search through our frequently asked questions, or alternatively, you can use our search form below.
What happens to my Will when I divorce or separate?
If you separate, but are still legally married, your will remains valid and your spouse will be entitled to inherit as set out in the terms of the will. If you don’t want your spouse to benefit then it’s important that you write a new will stipulating your new wishes.
Divorce doesn’t revoke a will, nor does it mean your will from before you were married comes back into effect. Your current will remains valid, but for inheritance purposes, your ex-partner is treated as if they had died when your marriage or civil partnership was dissolved. Meaning whatever they were set to inherit will be passed on to the next beneficiary who is entitled to it, in line with the terms of the will. Therefore your ex will not benefit it from it, and they would no longer be able to act as an executor or trustee under your will.
It’s a good idea to think about updating your will to ensure that your wishes are updated and you have chosen new executors if needed. Willfully offer free will writing services from their charity partners, visit www.willfully.co.uk/charity-wills to find out more.