Separated from Partner - Do I Need a New Will?

Relationship breakdown is one of the most important triggers for updating your will. Whether you're separating, divorcing, or dissolving a civil partnership, your will needs attention.

Separation - what happens to your will

If you're separated but not yet divorced, your existing will remains valid. This might not be what you want:

• Your estranged spouse may still inherit everything
• They may still be named as your executor
• They may still be your children's guardian

Separation alone doesn't change your will - you need to make a new one.

Divorce - what changes automatically

When your divorce becomes final (decree absolute), the law treats your will as if your ex-spouse has died. This means:

• Any gifts to them fail
• They're removed as executor
• The rest of your will remains valid

Why you still need a new will

Even though divorce removes your ex from your will, you should still make a new one because:

• The intestacy rules may now apply to part of your estate
• Your wishes have probably changed
• You may have new people you want to benefit
• Your children's needs may have changed
• You might want different executors

Don't wait for decree absolute

The divorce process can take months or years. Make a new will as soon as you separate - don't risk dying during this period with an outdated will.

Children and guardianship

If you have children with your ex-partner, think carefully about guardianship. Your ex will usually have parental responsibility regardless of your will, but you should still name a guardian in case you're both unavailable.

Financial orders

If your divorce settlement includes provisions about what happens when you die (such as life insurance policies or pension nominations), make sure your new will is consistent with these obligations.