How a decree absolute affects your will

Going through a divorce is a hugely stressful and emotional time, which means that things like updating your will often get overlooked. However, once the final order, known as the decree absolute, comes through, it’s important to update it to protect your wishes.

Do wills get cancelled after divorce?

Divorce does not mean that an existing will gets cancelled so you should ideally make a new will as soon as the decree absolute is through. This will ensure that your assets get distributed how you want, as otherwise your former spouse will receive anything they are entitled to from the existing will.

You can also change your will before the decree absolute if you wish, either after separation or before the finalisation of the divorce. This is recommended, as the marriage remains valid until the final order of divorce and if one party dies, the surviving party could still benefit from the will.

It’s a good idea to get legal advice, particularly when the estate is large. If you are looking for a London law firm, you can get advice from specialists like forsters.co.uk.

Executors, guardians and trustees

Spouses are often appointed as the executor of their wife or husband’s will or as a trustee or guardian for children. All of these do get revoked following a decree absolute, unless the will states otherwise, which means there can be delays in dealing with an estate. Making a new will after divorce is vital for updating your wishes, reducing any risk of future disputes or partial intestacy.