Ex-Spouse in Your Will: Removing Them Properly

James thought the decree absolute would take care of everything. After 18 months of separation from his wife, the divorce was finally granted in March 2024. He assumed his old will from 2019—which left everything to her—would automatically become invalid.

When James died unexpectedly in a cycling accident eight months later, his adult children discovered the shocking truth: his ex-wife inherited his £420,000 estate.

Section 18A of the Wills Act 1837 had removed her as a beneficiary, but without a new will, James's estate passed under intestacy rules—and his parents, not his children, were his legal next of kin.

You're not alone if you're confused about how divorce affects your will. According to ONS data, 102,678 divorces were granted in England and Wales in 2023, yet research shows only one-third of divorcing couples properly address their estate planning during the process.

This guide explains exactly what happens to your will during separation and divorce, why Section 18A isn't enough protection, and the precise steps to remove your ex-spouse properly and prevent estate claims.

Does Divorce Automatically Cancel Your Will?

No. Divorce does not cancel or revoke your will in England and Wales.

When you get divorced—after your final order (previously called decree absolute) is granted—Section 18A of the Wills Act 1837 automatically removes your ex-spouse from your will. The law treats them as if they had died on the date your divorce became final.

But here's what many people misunderstand: Section 18A only removes your ex-spouse. It doesn't create a new will for you.

What Section 18A Actually Removes

The provision removes three specific things:

Any gifts or inheritance you left to your ex-spouse
Their appointment as executor of your estate
Their appointment as trustee if your will created any trusts

What Section 18A Preserves

Everything else in your will remains valid:

Gifts to other beneficiaries still apply
Guardian appointments for children remain in place
Any alternative beneficiaries you named take effect
All other provisions and instructions stand

Emma's will from 2018 left her entire estate to her husband, then to her sister if he predeceased her. After her divorce in 2023, Section 18A removed her ex-husband from the will. Because Emma had named her sister as an alternative beneficiary, the estate would pass to her sister automatically.

But David wasn't as fortunate. His will named only his wife—no alternative beneficiaries, no backup plan. After his divorce, Section 18A removed his ex-wife, but now his will was partially intestate for the spouse's share. His estate wouldn't go where he intended.

The critical limitation? Section 18A only applies after your final order is granted. During separation—even after your conditional order—your spouse retains full inheritance rights.

The Dangerous Gap: Separated But Not Divorced

Here's the truth that catches thousands of people off guard: a separated spouse has identical inheritance rights to a happily married spouse.

Legally, your marriage "still subsists" until your final order is granted. It doesn't matter if you've been separated for three years, live with a new partner, or haven't spoken to your spouse in months. Until that final order, they inherit everything.

The Vulnerable Timeline

Under UK divorce law introduced in 2022, the process takes at least six months from application to final order.

You must wait 20 weeks after your divorce application before you can apply for a conditional order. Then you must wait another six weeks and one day before you can apply for the final order.

That's six months minimum—and that assumes everything proceeds smoothly with no delays or complications.

During every single day of those six months, your spouse retains full inheritance rights.

What Happens If You Die During Separation

Under your existing will, any gifts to your spouse remain valid and enforceable. They inherit exactly as stated in your pre-separation will.

Under intestacy rules (if you have no will), your spouse is the primary beneficiary. They inherit the first £322,000 of your estate plus 50% of anything above that amount.

Sarah separated from her husband in January 2024. They'd been living apart for eight months when she was diagnosed with a serious illness in September. Her will from 2020 left everything to her husband, then to their two children.

Sarah kept meaning to update her will, but divorce proceedings were expensive and emotionally draining. She told herself she'd handle it once the final order came through.

She died in November 2024, three weeks before her conditional order hearing. Her estranged husband—the man she was actively divorcing—inherited her entire £380,000 estate. Her children received nothing.

The New Partner Risk

If you're living with a new partner during separation, understand this: cohabiting partners have zero automatic inheritance rights in UK law.

Your new partner could have lived with you for five years, helped raise your children, and contributed to the household financially. None of that matters. They have no legal right to inherit from you unless you've named them in your will.

Meanwhile, your separated spouse—the person you're divorcing—has full inheritance rights.

According to GOV.UK statistics, 27,908 divorce applications were filed in Q1 2024 alone. Thousands of people are in this vulnerable position at any given time.

Don't assume your conditional order protects you. Don't assume separation has any legal effect. Until your final order is granted, act as if you're still married—because legally, you are.

What Section 18A Actually Does (And Doesn't Do)

Section 18A of the Wills Act 1837 was added in 1982 and amended by the Law Reform (Succession) Act 1995. It's designed to prevent the uncomfortable situation of ex-spouses inheriting from each other after divorce.

The Precise Legal Effect

On the date your final order is granted, Section 18A treats your ex-spouse as if they had died on that date—but only for the purposes of your will.

Three specific legal consequences follow:

First, any gifts to your ex-spouse fail as if they'd predeceased you. Those gifts either pass to alternative beneficiaries you named, fall into your residuary estate, or create a partial intestacy.

Second, if you appointed your ex-spouse as executor, that appointment becomes void. If you named alternative executors, they take over. If you only named your spouse, you've now got no executor.

Third, any appointment of your ex-spouse as trustee is invalidated.

That's it. Section 18A does nothing else.

What Section 18A Doesn't Do

Section 18A does NOT create a new will that reflects your current wishes. It doesn't update your beneficiaries. It doesn't appoint new guardians for your children. It doesn't account for the new partner you're living with or the changed financial circumstances since your divorce.

Most importantly, Section 18A does NOT prevent your ex-spouse from making claims against your estate under the Inheritance (Provision for Family and Dependants) Act 1975. That right is explicitly preserved in the legislation.

The Three Gap Scenarios

Scenario 1: The Only-Spouse Will

Michael's will from 2017 said simply: "I leave everything to my wife, Claire."

After their divorce in 2024, Section 18A removed Claire from the will. But Michael had named no alternative beneficiaries. His entire will was now ineffective for distributing his estate.

When Michael died, his £340,000 estate passed under intestacy rules to his parents (his legal next of kin), not to his two adult children as he'd always intended.

Scenario 2: The Outdated Guardian

Rachel's will from 2019 named her husband as guardian of their children and her sister as executor. After the divorce, Section 18A removed the guardian appointment, but Rachel hadn't updated the will to name a replacement guardian or remove her sister's outdated contact information.

When Rachel died, the will was technically valid but practically inadequate. Her sister had to navigate appointing guardians without clear guidance.

Scenario 3: The New Family

David divorced in 2021 and moved in with his partner Emma in 2022. They had a child together in 2023. David's will from 2015 named his ex-wife (removed by Section 18A) and his two children from his first marriage.

The will made no provision for Emma (who has no automatic rights) or his youngest child. David died thinking Section 18A had "fixed" his will. It hadn't.

Can You Override Section 18A?

Yes. You can include an express declaration in your will stating that you want your ex-spouse to inherit despite divorce.

This might be appropriate if you're making your will in contemplation of divorce but want to ensure your ex-spouse receives certain items or benefits for the sake of your children.

But this is rare. In most cases, if you're getting divorced, the last thing you want is for your ex-spouse to benefit from your death.

What Section 18A Removes Automatically	What You Must Update Yourself
Gifts to ex-spouse	Replacement beneficiaries
Ex-spouse as executor	New executor appointment
Ex-spouse as trustee	Updated trustee if needed
-	Guardian appointments
-	New partner provision
-	Children from new relationship
-	Changed financial circumstances
-	Life insurance beneficiaries (separate)
-	Pension nominations (separate)

Can Your Ex-Spouse Still Claim Against Your Estate?

Even after divorce, your ex-spouse may be able to claim against your estate. Section 18A doesn't prevent this—in fact, the legislation explicitly preserves this right.

The Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim "reasonable financial provision" from an estate if they believe the deceased's will (or the intestacy rules) didn't adequately provide for them.

Former spouses can make claims under this Act if they meet certain conditions.

When Ex-Spouses Can Claim

Your ex-spouse may claim against your estate if:

They haven't remarried or entered a new civil partnership. Once they remarry, they lose the right to claim.

Financial dependency existed. They were receiving maintenance from you or had a reasonable expectation of ongoing financial support.

No clean break order was obtained. If your divorce included a comprehensive financial consent order that severed all financial ties (a "clean break"), claims become much harder.

The standard of provision for ex-spouses is limited to maintenance—what they need to live on—not what they might have received if the marriage had continued.

The Clean Break Problem

Here's the concerning statistic: research suggests only one-third of divorcing couples obtain formal financial consent orders.

Many couples separate informally, agree to split assets between themselves, and never formalize the arrangement through the court. Some obtain divorce orders but don't address financial settlement at all.

Without a clean break financial consent order, your ex-spouse's right to make financial claims continues indefinitely—not just against your estate, but potentially during your lifetime as well.

Real Case Example

In the case of Wyatt v Vince, a former wife successfully claimed against her ex-husband's estate nearly two decades after their divorce. The couple had separated with minimal assets and never obtained a financial consent order.

When the husband later became wealthy, the ex-wife brought a claim. The court awarded her £300,000, finding she was entitled to provision despite the lengthy passage of time.

The lesson? Divorce alone doesn't end all financial ties.

Other Potential Claimants

Remember that ex-spouses aren't the only people who can make Inheritance Act claims. Current spouses, children, cohabitees who were financially dependent, and anyone being maintained by the deceased may also claim.

If you're providing for a new partner and children from a previous marriage, you're balancing multiple potential claimants with competing interests.

Protection Strategy

The most effective protection combines two actions:

First, obtain a comprehensive financial consent order during your divorce that includes a clean break clause (if appropriate for your circumstances). Your divorce solicitor can advise whether this is suitable given your financial situation and any ongoing responsibilities.

Second, create a new will that clearly sets out your intentions, provides reasonably for all potential claimants (especially children), and includes a letter of wishes explaining your reasoning.

Even with these protections, courts have discretion to award provision if circumstances genuinely warrant it. But clear documentation significantly strengthens your position.

The Complete Will Update Checklist After Divorce

Don't amend your existing will. Don't cross out your ex-spouse's name or add handwritten notes. Any manuscript changes invalidate your will under UK law.

Instead, create a completely new will. Here's your step-by-step checklist:

Before Decree Absolute

Step 1: Draft your new will during separation. Don't wait for your final order. You can prepare the will now, have it ready to execute, and inform your solicitor about any pending financial consent orders that might affect your provisions.

Step 2: Review proposed will with divorce solicitor. Some financial consent orders require you to make specific estate provisions for your ex-spouse (particularly regarding children). Make sure your proposed will doesn't conflict with court orders.

Creating Your New Will

Step 3: Explicitly revoke all previous wills. Your new will should begin with a clear revocation clause: "I revoke all former wills and testamentary dispositions."

Step 4: Remove ex-spouse as beneficiary entirely. Don't leave token amounts "to prevent challenges." If you have obligations to provide for your ex-spouse, address those through proper provisions discussed with your solicitor, not token gestures.

Step 5: Remove ex-spouse as executor. Appoint a new executor—someone you trust to administer your estate. This might be an adult child, sibling, close friend, or professional executor.

Step 6: Remove ex-spouse as trustee. If your will creates any trusts (for minor children, for example), ensure your ex-spouse is not named as trustee unless there's a compelling reason they should be.

Step 7: Update or remove ex-spouse as guardian. If you have minor children, review guardian appointments carefully. Your ex-spouse may still be the appropriate guardian—that's a parental decision separate from inheritance. But if you'd named your ex-spouse's relatives as backup guardians, you'll want to reconsider.

Step 8: Update beneficiaries to reflect current wishes. Who should inherit now? Your children? New partner? Other family members? Charities? Make deliberate choices rather than leaving gaps.

Step 9: Consider your new partner's position. If you're cohabiting with a new partner, remember they have no automatic inheritance rights. If you want them provided for, you must name them in your will.

Step 10: Review jointly owned property. If you owned property with your ex-spouse, check whether you held it as "joint tenants" or "tenants in common." Joint tenancy means the property passes automatically to the survivor outside your will. Tenants in common means your share passes under your will. After divorce, you should hold property as tenants in common.

Beyond Your Will

Step 11: Update life insurance beneficiaries. Life insurance policies often allow you to name beneficiaries directly. These payments bypass your will entirely and go straight to the named person. Check every policy and update beneficiary designations.

Step 12: Update pension death benefit nominations. Most pensions allow you to nominate who should receive death benefits. These nominations aren't legally binding (pension trustees have discretion), but they're heavily influential. Update them to remove your ex-spouse.

Execute Properly

Step 13: Sign your will with two independent witnesses. Your witnesses must be present when you sign, must watch you sign, and must sign in your presence and in each other's presence. Witnesses cannot be beneficiaries or married to beneficiaries.

Step 14: Store your will safely. Tell your executor where to find it. Original signed wills are essential—copies have no legal effect.

Emma spent £8,000 on divorce solicitor fees. When her solicitor mentioned updating her will, Emma's heart sank at the thought of another £500 expense.

She discovered WUHLD's online will service and completed her new will in 20 minutes during her children's bedtime routine—for £49.99.

Six months later, when her final order came through, Emma had complete peace of mind knowing her estate was protected, her children were provided for, and her ex-husband would inherit nothing.

Special Timing Considerations: When to Update Your Will

The worst time to update your will is "later." The best time is now—immediately upon separation.

During Separation (Before Divorce Application)

Update your will as soon as you separate. You're at maximum vulnerability during this period. Your spouse has full inheritance rights, and divorce proceedings haven't even started.

Draft a new will that reflects your current wishes. If financial settlement discussions are ongoing, consult your solicitor about any implications, but don't wait until everything's resolved to protect your estate.

During Divorce Proceedings

You've filed for divorce, but your final order is months away. Update your will now.

Inform your divorce solicitor that you're updating your will. They'll advise if any proposed financial consent orders affect what you can include. Some orders require you to maintain life insurance for your ex-spouse's benefit or maintain certain estate provisions for children.

Courts can delay final orders if financial matters remain unresolved, but that shouldn't stop you updating your will with appropriate provisions.

After Conditional Order

Your conditional order has been granted, but you must wait six weeks and one day before applying for your final order. You're still married. Your spouse still has full inheritance rights.

Don't wait. Update your will immediately.

After Final Order (Decree Absolute)

Your divorce is final. Section 18A has removed your ex-spouse from your old will. Update your will anyway.

Section 18A is a safety net, not a solution. Create a will that reflects your actual wishes rather than relying on a legal provision that merely removes your ex.

If You're Remarrying

Understand this critical fact: marriage automatically revokes your will.

The day you marry, your carefully drafted post-divorce will becomes invalid. You'll need to create a new will after remarriage or create one in contemplation of marriage (which requires specific wording to survive the marriage).

If you're planning to remarry, discuss timing with your solicitor.

Timeline Comparison

Stage	Time from Separation	Ex-Spouse Rights	Your Risk Level	Action Required
Separation	Day 1	Full inheritance rights	CRITICAL	Update will immediately
Divorce application filed	1-3 months	Full inheritance rights	CRITICAL	Update will if not done
Conditional order granted	5-6 months	Full inheritance rights	CRITICAL	Update will if not done
Final order granted	6+ months	Removed by Section 18A	MODERATE	Create comprehensive new will
After final order	6+ months	Possible Inheritance Act claims	LOW	Ensure will and financial order in place

Michael separated from his wife in June 2024. He applied for divorce in August 2024. His conditional order was granted in December 2024, and his final order came through in January 2025.

When should Michael have updated his will?

June 2024—the day he separated. Every month he waited was a month his estranged wife would have inherited his entire estate if he'd died.

What Happens If You Die During Divorce Proceedings?

This is the nightmare scenario that drives urgency: you die after separating but before your final order is granted.

The Legal Position

Your marriage is still legally valid. The court cannot retrospectively apply your divorce after your death. You died married, and your spouse has full spousal rights.

It doesn't matter if you'd been separated for three years. It doesn't matter if your conditional order was granted last week. It doesn't matter if your final order application was sitting on a judge's desk waiting for signature.

Until that final order is granted, you are married.

Under Your Existing Will

If you have a will from before your separation, your spouse inherits exactly as stated. Any gifts to your spouse are valid and enforceable. Their appointment as executor stands.

Section 18A doesn't apply because you weren't divorced.

Under Intestacy Rules

If you have no will, intestacy rules under the Administration of Estates Act 1925 apply.

Your spouse inherits:

All personal possessions and belongings
The first £322,000 of your estate (the statutory legacy)
50% of anything above £322,000
Your children inherit the other 50% if your estate exceeds £322,000

If you have no children, your spouse inherits everything.

Financial Consent Orders Don't Override Your Will

Even if you've agreed on financial settlement during divorce, that settlement addresses how assets are divided during your lifetime. It doesn't determine who inherits when you die.

Your spouse might have agreed to accept £100,000 as their share of the marital assets during divorce. But if you die before the final order, they inherit under your will or intestacy rules regardless of that agreement.

Death Before vs. After Final Order

Sarah dies in October 2024—separated for two years, conditional order granted, final order pending in three weeks.

Her estate: £450,000. Her will from 2019 leaves everything to her husband.

Outcome: Her estranged husband inherits the full £450,000. Their adult children inherit nothing. Section 18A doesn't apply because the final order wasn't granted.

Sarah dies in December 2024—three months after her final order was granted.

Her estate: £450,000. Her will from 2019 named her ex-husband as sole beneficiary with no alternatives.

Outcome: Section 18A removes ex-husband from will. The will becomes partially intestate. Her estate passes under intestacy rules to her adult children (her legal next of kin). Her ex-husband inherits nothing.

Same will, different timing, completely different outcomes.

Protecting New Partners and Children

If you've started a new relationship during separation, your new partner is at significant risk.

David separated from his wife in 2022. He moved in with his partner Emma in 2023. They had a daughter together in 2024. David's divorce was proceeding smoothly—final order expected in early 2025.

David died in a car accident in December 2024, one month before his final order.

His estate: £380,000.

Because David never updated his will, his estranged wife inherited under the old will. Emma—the mother of his child, his partner of 18 months—received nothing. Their daughter received nothing. Emma had to find new housing within months.

A will updated during separation would have protected them completely.

The only protection is a properly updated will in place during the separation period. There is no other solution.

Protecting Children and New Partners

Divorce reshuffles your family structure, and your estate plan must reflect that reality.

Children from Your First Marriage

Your children's inheritance position changes after divorce. If your will left everything to your spouse "then to our children," Section 18A removes your ex-spouse, and the children inherit directly.

But if your will was less clear, or if you're intestate, outcomes become uncertain.

Name your children explicitly as beneficiaries in your new will. Don't rely on intestacy rules or vague provisions. State clearly what each child should receive.

For minor children, consider establishing trusts with appropriate trustees (not your ex-spouse unless they're genuinely the right choice). Specify the age at which children inherit outright—18, 21, 25, or a staggered approach.

Adult Children

Don't assume adult children are "sorted." Under the Inheritance Act 1975, adult children can make claims against your estate if you haven't reasonably provided for them, particularly if they have disabilities, financial hardships, or were financially dependent on you.

If you're providing substantially for a new partner at the expense of your adult children from your first marriage, expect potential challenges. Include a letter of wishes explaining your reasoning.

Guardian Appointments

If you have minor children, guardian appointments become more complex after divorce.

Your ex-spouse typically remains the natural guardian and primary carer of your children. But what if you die when the children are in your care? What if your ex-spouse is deceased, unsuitable, or unable to care for them?

Name backup guardians in your will—people who would raise your children if both you and your ex-spouse cannot. These might be your siblings, parents, or close friends.

Discuss this with the proposed guardians beforehand. Raising children is a massive commitment, and they need to agree.

New Partner Reality

This bears repeating because it's misunderstood so frequently: unmarried partners have zero automatic inheritance rights in UK law.

It doesn't matter if you've lived together for ten years, raised children together, or jointly own property. If you're not married and not in a civil partnership, your partner has no automatic right to inherit from you.

Your separated spouse (before final order) has full rights. Your new partner has none.

The only way to provide for your new partner is to name them explicitly in your will.

Cohabitee Claims

New partners can make claims under the Inheritance Act 1975, but only if they can demonstrate they were financially maintained by you immediately before your death or lived with you as a couple for at least two years.

These claims are limited to maintenance—what they need to live on. The standard is lower than for spouses.

Don't rely on potential claims to protect your partner. Include them in your will.

Blended Family Challenges

Sarah has two children with her ex-husband (ages 14 and 16) and lives with her partner Tom, who has one child from his previous relationship.

Sarah wants Tom to inherit the house they share (which she owns) so he has security and stability. But she also wants to ensure her children inherit her investments and savings, which total £180,000.

Sarah's solution: her new will leaves the house to Tom and the investments in trust for her two children, with Tom as trustee. She's also increased her life insurance and named her children as direct beneficiaries, which bypasses the will entirely and gives them immediate funds.

Blended families require careful planning. Consider:

Immediate needs of surviving partner
Long-term interests of children from previous relationship
Potential for conflict between new partner and adult children
Age and financial position of all beneficiaries
Use of trusts, life insurance, and phased inheritance

If your situation is complex—multiple properties, substantial assets, business interests, or significant tension between beneficiaries—consult a specialist solicitor for tailored advice.

Common Mistakes to Avoid When Removing Your Ex-Spouse

Even with good intentions, people make critical errors when updating wills after divorce. Here are the mistakes to avoid:

Mistake 1: Assuming Divorce Automatically Fixes Everything

Section 18A removes your ex-spouse, but it doesn't create the will you need. It's a partial safety net with significant gaps.

Create a new will that reflects your current wishes rather than relying on legal provisions designed as backstops.

Mistake 2: Waiting Until After Final Order

The most dangerous period is separation to final order—six months minimum when your spouse has full inheritance rights.

Update your will the day you separate, not the day your divorce is finalized.

Mistake 3: Making Handwritten Changes

Crossing out your ex-spouse's name, adding notes in the margins, or making amendments by hand invalidates your will.

UK law requires wills to meet strict formalities. Manuscript changes don't meet those requirements. Create a completely new will instead.

Mistake 4: Only Removing Your Spouse

You remove your ex-spouse as beneficiary but forget they're named as executor. Or you update beneficiaries but leave guardian appointments unchanged.

Review every provision of your will: beneficiaries, executors, trustees, guardians, specific gifts, and instructions. Update everything that needs changing.

Mistake 5: Forgetting About Property Ownership

You update your will, but you jointly own your house as "joint tenants" with your ex-spouse.

Joint tenancy means the property passes automatically to the surviving owner regardless of what your will says. If you want your share to pass under your will, you need to hold the property as "tenants in common" instead.

After divorce or separation, consult a solicitor about severing the joint tenancy if appropriate.

Mistake 6: Not Updating Life Insurance

Your will is updated, but your life insurance policy still names your ex-spouse as beneficiary.

Life insurance proceeds bypass your will and go directly to the named beneficiary. Review every policy and update beneficiary designations separately from your will.

Mistake 7: Neglecting Pension Nominations

Pension death benefits typically don't pass under your will. Instead, pension trustees have discretion about who receives benefits, guided by nomination forms you've completed.

Check every pension scheme you belong to and update your death benefit nominations to remove your ex-spouse and name your current intended beneficiaries.

Mistake 8: Leaving Token Amounts

Some people believe leaving a small amount to their ex-spouse (£100, for example) prevents them from challenging the will.

This is a misconception. Token amounts don't prevent Inheritance Act claims and may actually create more problems than they solve. If you have no obligation to provide for your ex-spouse, don't include them. If you do have obligations, address them properly with solicitor advice.

Mistake 9: No Clean Break Financial Order

You obtain your divorce but never formalize the financial settlement with a court order.

Without a comprehensive financial consent order—particularly one with a clean break clause—your ex-spouse may retain rights to make financial claims against you or your estate indefinitely.

Address financial settlement properly during divorce proceedings.

Mistake 10: Forgetting to Update Again When Remarrying

You created a perfect will after your divorce. Then you remarry—and that marriage automatically revokes your will.

The day you marry (or enter a civil partnership), your will becomes invalid unless it was specifically made in contemplation of that marriage with appropriate wording.

Create a new will after remarriage or, if you're planning to marry, discuss creating a will in contemplation of marriage with your solicitor.

Mistake 11: Using Inadequate DIY Templates

You download a free will template online that doesn't meet UK legal requirements or doesn't allow you to address your specific circumstances.

Poor-quality DIY wills create more problems than having no will at all. Use a service designed for UK law and reviewed by legal professionals, or consult a solicitor for complex situations.

Frequently Asked Questions

Q: Does getting divorced automatically cancel my will?

A: No. Divorce does not cancel or revoke your will in England and Wales. Section 18A of the Wills Act 1837 treats your ex-spouse as if they died before you, removing them as beneficiary and executor, but your will otherwise remains valid. You need to actively create a new will to reflect your current wishes.

Q: Can my ex-spouse inherit if we're separated but not divorced?

A: Yes. During separation, before your final order is granted, your spouse retains full inheritance rights. Under your existing will, they can inherit exactly as stated. Under intestacy rules, they receive the first £322,000 plus 50% of the remainder of your estate. Separation has no legal effect on inheritance.

Q: When should I update my will during the divorce process?

A: Update your will immediately upon separation—don't wait for your final order. You're most vulnerable during the separation-to-divorce period, which takes at least six months. Your divorce solicitor can advise if any pending financial consent orders affect what you can include in your new will.

Q: What is Section 18A and does it protect me?

A: Section 18A of the Wills Act 1837 automatically removes your ex-spouse from your will upon divorce, treating them as if they died before you. However, it doesn't create a new will for you—it only removes your ex. If your will only named your spouse, you may face partial intestacy. You still need to draft a new will.

Q: Can my ex-spouse claim against my estate after we're divorced?

A: Potentially yes, under the Inheritance (Provision for Family and Dependants) Act 1975. If your ex-spouse hasn't remarried and you don't have a "clean break" financial consent order in place, they may claim against your estate based on financial dependency. Research suggests only one-third of divorcing couples obtain formal financial orders, leaving many exposed.

Q: How do I properly remove my ex-spouse from my will?

A: Don't amend your existing will—any handwritten changes invalidate it. Instead, create a completely new will that explicitly revokes all previous wills, removes your ex-spouse as beneficiary and executor, updates all other provisions (guardians, alternative beneficiaries, property), and is properly witnessed by two independent witnesses.

Q: What happens to my new partner if I die before divorcing?

A: Cohabiting partners (unmarried) have zero automatic inheritance rights in the UK, regardless of how long you've lived together. If you die before your final order, your separated spouse inherits under your will or intestacy rules, and your partner receives nothing unless named in your will. Update your will during separation to protect them.

Q: How much does it cost to update my will after divorce?

A: Traditional solicitors charge £300-650 for a will update. WUHLD's online service costs £49.99 for a complete, legally valid UK will including executor guide, witness guide, and funeral wishes form. You can preview your will completely free before paying anything.

Take Action Now to Protect Your Estate

Divorce is emotionally exhausting, and updating your will feels like one more overwhelming task on an endless list. But protecting your estate isn't just about assets—it's about ensuring your children are provided for, your new partner isn't left vulnerable, and your ex-spouse can't benefit from your death.

Ten minutes today creates security that lasts a lifetime.

Key takeaways:

Update your will immediately upon separation—the period before your final order is granted is when you're most vulnerable to your ex-spouse inheriting everything
Section 18A removes your ex-spouse after divorce, but it doesn't create the will you need—you must actively draft a new will reflecting your current wishes
Obtain a clean break financial consent order during divorce proceedings to prevent your ex-spouse from making Inheritance Act claims decades later
Review all estate planning documents—your will, life insurance beneficiaries, pension nominations, and property ownership structures
If you have a new partner or children to protect, remember that cohabitees have zero automatic rights while your ex-spouse retains full rights until final order

Create your post-divorce will in just 15 minutes with WUHLD's online will service—no appointments, no expensive solicitor fees, just £49.99 for a legally valid UK will that properly removes your ex-spouse.

Preview your complete will absolutely free before paying anything (no credit card required), and receive four comprehensive documents: your will, a 12-page Testator Guide, a Witness Guide, and a Complete Asset Inventory document.

You can update your will whenever your circumstances change, ensuring your estate plan grows with your new life after divorce.

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Legal Disclaimer: This article provides general information about UK wills and divorce law and does not constitute legal advice. For advice specific to your individual situation, particularly if you have complex assets, financial consent orders, or contentious divorce proceedings, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations involving business assets, multiple properties, or estates over £325,000 may require professional legal advice.

Additional Note: The circumstances under which ex-spouses can make Inheritance Act claims are highly fact-specific and depend on financial dependency, court orders, and individual circumstances. If you have concerns about potential estate claims, consult a family law solicitor.

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