Divorce is one of the most significant life events that affects your estate plan. While the law provides some automatic protections, they may not be sufficient, and making a new Will should be a priority.
When your decree absolute is granted, your ex-spouse is automatically treated as if they had died for the purposes of your Will. This means they're removed as a beneficiary and executor. However, the rest of your Will remains in force.
This automatic change might not achieve what you want. For example, if your Will leaves everything to your spouse and then to your children, removing your spouse means the estate goes directly to your children — which may not be appropriate if they're minors.
It's also important to update your Lasting Powers of Attorney. If your ex-spouse is named as an attorney, you should revoke the LPA and create a new one with a different attorney.
In 2026, with the no-fault divorce system now well established (introduced in 2022), the divorce process is typically faster — but the financial settlement can still take time. You should update your Will as soon as possible, even before the financial settlement is finalised.
Don't forget about pension nominations, life insurance beneficiaries, and death-in-service benefits. These are not governed by your Will and need to be updated separately.
At Castle Family Legal, we help divorcing and recently divorced clients create new estate plans that reflect their changed circumstances. Contact us for a free consultation.
