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What happens to my Will if I get divorced?

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Under current legislation in England and Wales, divorce does not revoke your Will.

Once the divorce or civil partnership dissolution is finalised, your Will remains valid, but your ex-spouse is treated as having died during your lifetime.

Our expert solicitors at Johnson Astills would be able to assist you in reviewing your Will and ensuring that relevant provisions are in place so that the people you want to benefit from your Will do inherit from your estate upon your death.

What happens if the Will does not make provision for anyone else?

If you leave everything to your spouse and you have been through a divorce/partnership dissolution, and you die without preparing a new one, then the Rules of Intestacy would apply. These Rules may not always reflect your wishes, and this is why we recommend our clients to review their Will regularly to ensure that it reflects the same.

What happens if we have separated but not divorced?

If you separate from your spouse but are not legally divorced, then the marriage is still legally in effect. This means that your spouse will still be entitled to your estate in accordance with your Will.

If you do not want this to happen, it is important to review your Will to reflect your new wishes. Our solicitors at Johnson Astills can advise you in relation to a new Will and the impact of not making provision for someone that you are still legally married to and the steps to be taken to ensure that you wishes are followed upon your death.

What happens if I remarry?

If you remarry, marriage automatically revokes a Will. You can read more about this here.

Our solicitors at Johnson Astills understand that circumstances can change from time to time. That is why, if you wish to prepare a Will, are considering making any changes or you simply wish to review your existing Will, please contact our expert solicitors at Johnson Astills who would be pleased to assist you with this. You can call us at our office in Leicester or our office in Loughborough. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.

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