Update Will After Divorce Ireland: Why Divorce Doesn't Revoke Your Will

Most people assume divorce automatically cancels any bequests to their ex-spouse. In Ireland, that assumption is wrong — and the consequences of getting it wrong can be severe.

The Trap: Divorce Doesn't Revoke a Will

Under the Succession Act 1965, a subsequent marriage automatically revokes an existing will (unless the will was made in contemplation of that specific marriage). But divorce does not revoke a will, and it does not cancel bequests made to a former spouse.

If you made a will during your marriage leaving everything to your spouse, and you divorce without making a new will, your ex-spouse will inherit those assets when you die. The executor named in your will — even if that's also your ex-spouse — remains legally appointed to administer your estate.

This applies to everything in the will: property, savings, investments, personal possessions, and any trusts established for your ex-spouse's benefit. The divorce decree has no effect on testamentary gifts.

The fix is straightforward: execute a new will immediately upon receiving your divorce decree. The new will should explicitly revoke all previous wills and codicils, appoint a new executor, and name your intended beneficiaries.

Drafting a new will through a solicitor typically costs €150 to €300.

What Divorce Does Change: Succession Rights

While your will remains valid, divorce does extinguish automatic succession rights under the Succession Act 1965:

The Legal Right Share is gone. During marriage, a surviving spouse is automatically entitled to one-half of the estate (if no children) or one-third (if there are children), regardless of what the will says. After divorce, this automatic entitlement ceases entirely. Your ex-spouse has no Legal Right Share in your estate.

But Section 18 claims survive. Under Section 18 of the Family Law (Divorce) Act 1996, a divorced ex-spouse who has not remarried can apply to the court for financial provision from the deceased's estate. They must file within six months of the first representation (Grant of Probate or Letters of Administration). The court will only grant this if it finds the applicant wasn't "properly provided for" during the divorce proceedings.

Blocking orders. During divorce hearings, the court will often insert a "blocking order" under Section 18(10), which bars either spouse from making a future Section 18 claim. However, a judge will refuse to grant a blocking order unless satisfied that adequate financial provision has been secured — through Pension Adjustment Orders, life insurance, or other arrangements that protect the dependent spouse post-death.

Beneficiary Nominations: A Separate Update

Your will covers your estate, but many assets pass outside the will through beneficiary nominations:

Life insurance policies. If your ex-spouse is the named beneficiary on a life insurance policy, the payout goes directly to them on your death — regardless of what your will says. Contact your insurer and update the beneficiary.

Pension death benefits. Pension schemes have their own nomination forms. Death-in-service lump sums are paid to the nominated beneficiary, which may still be your ex-spouse unless you've updated the form. Note that if a Pension Adjustment Order for contingent benefits has been granted, the PAO overrides the nomination for the portion covered by the order.

Credit union or savings nominations. Credit unions and some savings providers allow you to nominate a beneficiary for balances up to €23,000 (the current statutory limit). Check and update these.

Joint accounts. Any remaining joint accounts pass by survivorship — meaning the surviving account holder gets the balance automatically, bypassing the will entirely. Close all joint accounts as part of the separation process.

The Practical Checklist

After your divorce decree is granted:

1. Execute a new will — revoke all prior wills, appoint a new executor, name your actual intended beneficiaries
2. Update life insurance beneficiaries — contact each insurer directly
3. Update pension nomination forms — contact each scheme trustee or administrator
4. Update credit union and savings nominations — check every account
5. Close remaining joint accounts — these bypass the will entirely
6. Consider a Section 18(10) blocking order — if one wasn't included in the divorce decree and you want to prevent future claims
7. Review guardian appointments — if your will appointed your ex-spouse as guardian of your children, update this in the new will

Timing Matters

Don't wait. The period between receiving your divorce decree and executing a new will is a vulnerability window. If you die during this period with your old will still in force, your ex-spouse inherits whatever your old will provides — potentially everything.

The Ireland After-Divorce Checklist includes estate planning as a specific step in the post-divorce workflow, alongside the property transfer, pension order, and tax reclassification steps that must all be coordinated in the right sequence.

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