Updating a Will After Divorce: A Step-by-Step Guide

Table of Contents

• Why Updating Your Will After Divorce Matters
• The Effect of Divorce on Wills
• Step 1: Review Your Current Will and Assets
• Step 2: Decide on Updating Beneficiaries After Divorce
• Step 3: Consider Appointing New Executors
• Step 4: Draft and Execute Your Updated Will
• Common Mistakes to Avoid When Updating Your Will
• Frequently Asked Questions

Last Updated: September 18, 2026

Why Updating Your Will After Divorce Matters

Divorce changes everything about your estate. Your ex-spouse may still be named as a beneficiary. Your executor might be someone you no longer trust. Your children's inheritance could go to the wrong people. These aren't small oversights, they're legal problems that can cause years of family conflict.

The most common mistake people make is assuming their will automatically updates when they divorce. It doesn't. You need to take action yourself. Without updating a will after divorce, your ex could inherit significant assets. Your children might not receive what you intended. Your estate could end up in probate disputes that drain resources and damage family relationships.

At Staniland Estate Protection, we help people navigate this exact situation. The good news is that updating a will after divorce is straightforward when you know the steps.

This guide walks you through the process. We'll explain what happens to your will when you divorce, show you exactly what needs to change, and help you avoid the pitfalls that create problems later.

The Effect of Divorce on Wills

Divorce doesn't automatically cancel your will. This is where confusion starts. Many people believe their old will becomes invalid, but that's not how the law works.

In England and Wales, the law treats divorce specifically. When you divorce, certain provisions in your will are treated as if they never existed. Specifically, any gift to your ex-spouse is revoked. Any appointment of your ex as executor or trustee is also revoked (IHTM12075 - Succession).

However, the rest of your will remains valid. If you named your ex as a guardian for minor children, that appointment stays in place unless you change it. If you left money to other people or organisations, those gifts still stand. This patchwork effect creates confusion and unintended consequences.

The real problem emerges when your circumstances have changed in ways beyond just the divorce. Perhaps you've acquired new assets. Perhaps your children are older now. Perhaps you've formed new relationships. Your old will, even with the ex-spouse provisions removed, may no longer reflect your actual wishes.

This is why updating a will after divorce matters so much. You're not just removing your ex-spouse's name. You're rewriting your entire estate plan to match your current life.

Step 1: Review Your Current Will and Assets

Start by gathering your existing will and reading it carefully. Print it out if you have a digital copy. Read every section. Make notes about what you've promised to whom.

Next, list all your assets. Include:

• Your home and any property you own
• Bank accounts and savings
• Investments and shares
• Pension funds
• Life insurance policies
• Business interests
• Personal items of value (jewellery, artwork, vehicles)

Be thorough. Many people forget about pensions or insurance policies. These assets matter enormously in your estate plan.

Now compare your will to your assets. Does your will account for everything you own? Are there new assets you've acquired since your will was written? Are there debts that will need to be paid from your estate?

This review reveals gaps. You might discover that your will leaves specific items to your ex-spouse. You might find that it doesn't mention assets you've acquired since the divorce began. You might realise that your wishes have changed in ways you hadn't put into writing.

Write down these gaps. They become your action list for the next steps.

Step 2: Decide on Updating Beneficiaries After Divorce

This is where updating a will after divorce becomes personal. You need to decide who gets what.

Start with the obvious: remove your ex-spouse as a beneficiary. If your will leaves money or property to them, that gift no longer reflects your wishes. Decide what should happen to that gift instead. Should it go to your children? To a charity? To another family member?

Next, think about your children. If they're adults, do they still receive what you've promised? If they're minors, who will manage their inheritance until they reach adulthood? This is crucial. A minor can't inherit money directly, someone must manage it for them.

Consider your current partner or spouse, if you have one. Should they receive anything? Should they have any role in managing your estate?

Think about other family members. Have relationships changed since your divorce? Are there people you want to include now that weren't in your original will? Are there people you want to exclude?

Write down your decisions for each asset:

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• Who receives it
• When they receive it (immediately, at a certain age, or under certain conditions)
• What happens if that person dies before you

This clarity prevents confusion later. When your solicitor drafts your new will, they'll know exactly what you want.

Step 3: Consider Appointing New Executors

Your executor is the person who carries out your will. They manage your estate, pay your debts, and distribute your assets to beneficiaries. If your ex-spouse is named as your executor, you need to change this.

Think carefully about who should be your executor. This person needs to be:

• Trustworthy and reliable
• Organised and detail-focused
• Able to handle family dynamics
• Willing to take on the responsibility
• Available when needed

Many people choose a close family member. Some choose a professional executor like a solicitor or accountant. Some choose both, a family member working alongside a professional.

Consider whether your current executor is still the right choice. Perhaps you named a friend who has since moved away. Perhaps you named a family member with whom you no longer get on. Perhaps you named someone who is now elderly or unwell.

You might also need to appoint new trustees. If your will leaves money to minor children, a trustee manages that money until the children reach adulthood. Your ex-spouse might have been named as trustee. If so, appoint someone else.

Have a conversation with whoever you want to appoint. Make sure they're willing and able to do the job. Explain what the role involves and why you've chosen them.

Step 4: Draft and Execute Your Updated Will

Once you've made all your decisions, it's time to draft your new will. You have several options:

Option 1: Use a qualified Professional

A professional guides you through the entire process.

Option 2: Use an online will service

Option 3: Write it yourself

Common Mistakes to Avoid When Updating Your Will

Mistake 1: Not updating your will at all

Many people divorce and never formally update their will. They assume the old will is invalid or that their wishes are clear enough. Neither assumption is safe. Update your will formally, in writing, and make sure it's properly executed.

Mistake 3: Forgetting about jointly owned assets

Mistake 5: Ignoring tax implications

Mistake 6: Not telling anyone what you've done