Does divorce affect my Will?
Author: Chris Watts, Will Writer — Fern Wills & LPAs
Last verified: 29 September 2025 (England & Wales)
Quick-read summary
Divorce is more than a change in relationship — it also rewrites the legal ground beneath your Will.
When James and Claire separated, they changed the locks, split the accounts, and agreed who’d get the dog. What neither realised was that, legally, they were still each other’s main decision-maker. If James had died during the divorce, Claire would have inherited most of his estate. If he’d lost capacity, she’d have been first in line to manage his finances.
Divorce isn’t just an emotional and financial untangling. It’s a legal storm that can quietly rewrite who controls your future.
The best practice, whether the split is amicable or acrimonious, is to put a new Will in place that reflects your current wishes — using trusts where needed to protect children, family, or assets — and to review your LPAs, ensuring the right people are in charge if you lose capacity.
Your Will remains valid during divorce; only once the final order (formerly decree absolute) is made are gifts to, or appointments of, your ex treated as if they had died unless your Will says otherwise. Without LPAs, no one has automatic rights to act for you: clinicians decide for health, and finances need a deputyship order. If you die without a Will while still legally married or in a civil partnership, your spouse or civil partner remains entitled under intestacy.
LPAs naming a spouse/civil partner are automatically adjusted on divorce — their appointment ends unless the LPA says otherwise. The LPA only continues if another attorney or a replacement can act.
If you die without a Will while still legally married or in a civil partnership, your spouse or civil partner remains entitled under intestacy.
Practical checklist: Key triggers to act
✔️ You have separated, but divorce is not yet final.
✔️ You no longer want your spouse to inherit by default.
✔️ You want to protect children during the uncertainty of divorce.
✔️ You do not want your estranged spouse making medical or financial decisions for you.
What to consider
Wills
Many people don’t have a Will before starting divorce proceedings. This is exactly the time to put one in place. Until your divorce or civil-partnership dissolution reaches the final order (formerly decree absolute), any gifts to and appointments of your spouse or civil partner in your Will still take effect. After the final order, your former spouse or civil partner is treated as if they had died for those gifts and appointments, unless your Will says otherwise.
Our strong recommendation is always to have a comprehensive Will and estate plan in place — one that reflects your needs immediately and for the foreseeable future, supported by the right trusts, LPAs and, where helpful, a Letter of Wishes.
That said, divorce can stretch time, finances, energy and mental capacity to the limit. If circumstances mean you need something in place quickly, we can prepare a Will that corrects the most serious risks — such as intestacy or assets passing to someone you wouldn’t have chosen — while you’re going through the divorce. This can then be reviewed and expanded into the full plan once life has settled. We also offer a fast-track service for urgent situations. In some cases, we’ve turned around Wills in as little as two working days, provided all information was ready; however, it typically takes a little longer.
A Will isn’t only about who gets what. It’s also about who doesn’t. You can name beneficiaries, set limits, appoint trusted executors and trustees, and record your reasoning separately in a Letter of Wishes to help avoid disputes.
During divorce, your Will doesn’t decide the financial settlement, but the court can note it as part of the wider picture of your intentions and arrangements (for example, trusts for children). Better that the document in front of the judge reflects your wishes than someone else’s assumptions.
Making or updating your Will now keeps control in your hands at a time of change. And if your situation shifts again, your Will can be updated just as easily.
“Separation has no legal effect until your divorce is final. Your spouse may still inherit.”
LPAs
If you lose capacity without LPAs in place, no one — including your spouse or civil partner — has any automatic right to make decisions for you.
For health and welfare, medical professionals will make decisions in your best interests under the Mental Capacity Act 2005. They’ll usually consult family, but there’s no legal priority or guarantee that the people you trust most will be heard.
For property and financial affairs, someone would need to apply to the Court of Protection to be appointed as your deputy. That process can be slow, costly, and outside your control — often happening at the worst possible moment.
If your spouse or civil partner is named as your attorney, divorce or dissolution automatically ends their appointment unless the LPA says otherwise. If other attorneys or replacements are named, they can continue to act. If not, the LPA will no longer work and you’d need to make a new one.
Making LPAs early in the divorce process means you decide who will step in if you can’t. It avoids court delays and ensures your affairs are handled by people you choose, not whoever happens to be available.
“If your spouse is your attorney under an LPA, they may still decide on life-sustaining treatment or even sell your home.”
Timing
The best time to put your new Will and LPAs in place is now, while the divorce is underway. A properly drafted Will, with any trusts needed, and updated LPAs give you control straight away and prevent unintended consequences during what can be a long legal process.
Some people delay because they assume it’s better to wait until the financial settlement is finalised. In reality, waiting can leave a dangerous gap: if something happens before the divorce is finalised, your spouse still retains legal rights to inherit and to act on your behalf. Updating your documents early protects your position throughout the proceedings, not just at the end.
It’s also far easier to make calm, well-judged decisions at this stage than in a crisis. Putting everything in order now avoids rushed choices later and gives you time to reflect on the long-term structure of your estate.
“Waiting until the divorce is final can leave your spouse legally in control for months — sometimes years.”
How this works in real life
We helped Dawn, who was going through a difficult divorce and had underlying health conditions. She knew she might be hospitalised before the divorce was finalised, and she dreaded her estranged husband making life-or-death decisions for her. She also had young children, and although the Will couldn’t override her husband’s automatic parental rights, we included a detailed Letter of Wishes setting out why another family member should be considered as guardian.
For Dawn, the Health & Welfare LPA mattered as much as the Will; we revoked her old LPA and appointed her sister, and drafted the Will urgently with a Letter of Wishes to guide a judge if needed.
We also supported Mark, who had separated from his wife, but the divorce was taking a long time. His main concern was that, if he died before it was finalised, his wife would inherit under intestacy rules.
For Mark, we prepared a straightforward Will leaving everything to his two sons, then later updated it with tax-efficient trusts once the settlement was agreed.
We helped Simon, who decided not to wait. He wanted everything done immediately, while he still had funds available: including a Will protection package, and updated LPAs. He did so, knowing that assets might later be divided 50/50.
For Simon, we drafted a comprehensive Will with protective trusts and replaced his LPAs immediately; after the divorce, we reviewed the documents and the original Will stood unchanged.
When it goes wrong
James and Anna divorced, but left their old Wills in place, thinking they’d deal with it later. When James died, his ex-wife was still named as executor and trustee for their children. It led to months of arguments and legal costs — exactly the kind of stress they’d hoped to avoid.
“The best option is to do it now — you can always refine your Will later, but you can’t go back after it’s too late.”
FAQs
Does divorce cancel my Will?
No. Your Will remains valid. Once the final order (formerly decree absolute) is made, any gifts to or appointments of your former spouse or civil partner are treated as if they had died, unless your Will says otherwise. Until then, they still benefit under the terms of your existing Will. This is why updating early in the process matters.
Can my ex still make medical or financial decisions for me under my LPA?
Usually not. Divorce or dissolution automatically ends their appointment as your attorney, unless the LPA specifically states otherwise. If they were your only attorney—or if your attorneys were appointed jointly without a replacement—the LPA will no longer work, and you’d need to make a new one.
What happens if I die before the divorce is finalised?
Legally, your spouse or civil partner remains entitled to inherit under the intestacy rules and under any existing Will that hasn’t been updated. It’s one of the most common (and preventable) estate planning mistakes during divorce.
Can the court consider my will during the divorce proceedings?
Yes. Your Will doesn’t decide the financial settlement, but judges can note its contents as part of the overall picture—especially if it involves trusts for children or sets out your intentions clearly. It’s always better for that document to reflect your wishes than someone else’s assumptions.
“The law won’t wait for your divorce to be final. Your Will and LPAs shouldn’t either.”
Technical Notes (optional)
Final order vs conditional order: Since April 2022, decree nisi and decree absolute have been replaced by conditional order and final order. The final order is the operative stage for s.18A Wills Act 1837 — this is when a former spouse is treated as having died for gifts/appointments.
Statutory legacy date: The current figure of £322,000 applies to deaths on or after 26 July 2023 (Statutory Legacy (Variation) Order 2023). Earlier deaths are subject to previous thresholds.
LPA termination: Mental Capacity Act 2005 s.13 provides that a spouse’s appointment as attorney ends automatically on divorce/dissolution, unless expressly preserved in the LPA. This is often overlooked in family proceedings where LPAs haven’t been updated.
Civil partnerships: The Wills Act 1837 s.18B–18C mirrors the divorce rules for dissolution of civil partnerships.
Separated but not divorced: There’s no “in-between” legal status. Separation alone has no effect on intestacy or Will provisions, which is why estate planning during this stage is critical.
Effect of divorce: Section 18A of the Wills Act 1837 provides that divorce cancels gifts to and appointments of the former spouse but leaves the rest of the Will intact. If your ex-spouse is named as executor or trustee, they are treated as having died on the date of divorce.
Intestacy risk: If divorce revokes key parts of your Will and nothing is updated, gaps can push parts of the estate onto intestacy rules.
Protective claims: Children or dependants left disadvantaged after divorce can bring claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Next steps
Divorce and separation are stressful enough without worrying about whether your Will still does what you want. Updating it now protects your wishes, avoids disputes later, and gives you peace of mind that those you care about will be looked after in the way you intended.
If you’re going through a divorce, or have recently finalised one, we can review your Will and help you put the right safeguards in place. A short conversation with us today can save your family a great deal of difficulty tomorrow.
Contact Fern Wills & LPAs to talk it through.
