What happens to your will if you divorce or separate?

Until a divorce or civil partnership dissolution is finalised, your spouse or civil partner is still treated as your spouse. Your existing will stands exactly as written, so they would still inherit whatever it gives them and could still be your executor. They would also keep their rights if you died without a will.

When the final order is made, the law treats your former spouse as if they had died before you, as far as your will is concerned. Gifts to them fail and any appointment of them as executor or trustee falls away. The rest of the will stays valid.

The catch is what happens to the gifts that fail. They may pass under the back-up gifts in your will or under the intestacy rules, which may not match what you would choose now. A new will is the only way to be sure.

• Make a new will as soon as you separate. Do not wait for the final order.
• Review your executors and guardians. Your ex may be named in both roles.
• Check pension and life insurance nominations. These are paid to whoever you nominate, not under your will.
• Look at how you own your home. If you are joint tenants, your share passes automatically to the other owner when you die, whatever your will says. You can change this. See our guide on joint ownership and your will.

Getting married or entering a civil partnership cancels an existing will, unless it was written expecting that marriage. Make a new will around the time of the wedding.