Does Divorce Revoke a Will in the UK?

No. A divorce does not revoke your will. This is one of the most dangerous misconceptions in UK family law, and it catches people out every year.

What actually happens is more nuanced — and leaves gaps that can redirect your entire estate to people you never intended.

What Section 18A Actually Does

Under Section 18A of the Wills Act 1837 (as amended), when a Final Order is granted, the law treats your ex-spouse as if they had died on the date of the divorce. Your will stays in force, but any gift to your ex-spouse and any appointment of them as executor or trustee is treated as if they predeceased you.

On the surface, this sounds like adequate protection. In practice, it creates three serious problems.

Problem 1: The Intestacy Trap

If your ex-spouse was your sole beneficiary and you did not name any alternative beneficiaries, that gift fails. The affected portion of your estate does not pass to your children automatically — it falls into the intestacy rules.

Under England and Wales intestacy rules, if you have children, they would inherit. But if you do not, your estate could pass to your parents, siblings, or even the Crown. And intestacy proceedings are slow, expensive, and public.

Problem 2: The Executor Gap

If your ex-spouse was named as your sole executor, that appointment fails after divorce. Your will has no executor. Someone must apply to the court for a "grant of letters of administration" before your estate can be dealt with — adding months of delay and legal costs.

Problem 3: The Separation Window

Section 18A only kicks in when the Final Order is granted. If you die during the separation period — after you have separated but before the court issues the Final Order — your existing will applies in full. Your estranged spouse inherits everything you left them, exactly as written.

Given that the no-fault divorce process in England and Wales takes a minimum of 26 weeks (20-week reflection period plus the six-week wait for the Final Order), this is not a theoretical risk. It is a window of several months during which your estate is completely unprotected.

What You Should Do

During Separation (Before the Final Order)

Write a new will immediately. You can change your will at any time during separation — you do not need to wait for the divorce to be finalised. Name new beneficiaries, appoint a new executor, and update trustees.

A simple will drafted by a solicitor typically costs £150–£300. Online will services charge less. Even a handwritten will (a "holographic will") is legally valid in England and Wales if it is signed and witnessed by two independent witnesses.

After the Final Order

Review the will you wrote during separation and update it to reflect your final financial settlement. If property, pensions, or other assets were divided differently than you anticipated, the will needs to match.

At the Same Time

Update your beneficiary nominations on pensions, life insurance, and death-in-service benefits. These sit outside your will entirely and are paid to whoever is on the nomination form, regardless of what your will says.

Revoke any Lasting Power of Attorney that names your ex-spouse as your attorney. An LPA is not automatically revoked by divorce — you must formally revoke it and register the revocation with the Office of the Public Guardian.

Do Not Rely on the Legal Default

Section 18A is a backstop, not a plan. It patches one specific scenario (gifts to an ex-spouse) but does nothing about failed appointments, intestacy fallout, or the separation window. The only reliable protection is a new will.

The Wales Post-Divorce Checklist includes an estate protection section with step-by-step instructions for updating your will, revoking powers of attorney, and changing beneficiary nominations — everything Section 18A does not cover.

See more Wales guides →