Can My Ex-Spouse Inherit From Me After Divorce
Wills| 20.08.2026
Your ex-spouse cannot inherit under your will once your divorce is finalised (unless you choose to include them in a post-divorce will), because section 18A of the Wills Act 1837 treats them as if they had died on the date your decree absolute or final order was issued. This applies in England and Wales, and it only takes effect once the divorce is fully finalised, not while you are separated but still legally married. If your former spouse was your only beneficiary, and no substitute is named, the gift they would have received can fall into partial intestacy instead. Reviewing your will as soon as your divorce is finalised is an important part of life administration and will mitigate the risk of confusion and disputes developing after your death.
Key Points
- A finalised divorce cancels any gift to your former spouse under your will, and cancels their appointment as executor.
- This protection only starts on the date of your decree absolute or final order, not from separation.
- If your ex was your only beneficiary with no substitute named, that share can fall into partial intestacy.
- You can choose to let your ex inherit anyway, but only by stating that intention expressly in your will.
Although a final divorce order alters the sections of your will that mention your ex-spouse as an executor, trustee, beneficiary, etc., the rest of the will remains valid. This can have profound consequences for your loved ones, so you must update your will post-divorce. Our Wills and Probate Solicitors can advise you and draft your will according to your exact wishes.
Does divorce cancel my will?
No, divorce does not cancel your will. Section 18A of the Wills Act 1837 only cancels the specific gift or appointment naming your former spouse, leaving every other provision in your will fully valid.
Under section 18A of the Wills Act 1837, once a court in England and Wales dissolves or annuls your marriage, any property left to your former spouse passes as though they had died on the date the marriage was dissolved. Any appointment of your former spouse as an executor or trustee is treated the same way and simply fails to take effect. The rest of your will, including gifts to your children or other named beneficiaries, is completely unaffected.
When is my ex-spouse removed from my will?
Only once your decree absolute or final order is actually issued, not from the date you separate or begin divorce proceedings.
If you die during separation, before the decree absolute or final order has been granted, your spouse remains legally married to you and section 18A does not apply at all. Your former spouse can still inherit and act as executor under your existing will right up until the point the divorce is legally finalised. Updating your will as soon as you separate, instead of waiting for the decree to come through, removes any risk during that gap.
What happens to a gift left to my ex?
A gift left to your ex-spouse lapses once your divorce is finalised, and passes to any substitute beneficiary you named, or otherwise falls back into the rest of your estate.
Where your will names a substitute, or gift-over, beneficiary for the share your ex-spouse would have received, that substitute simply inherits instead, and no problem arises. Where your will names no substitute and your former spouse was your only beneficiary, the gift can fail entirely, and that portion of your estate is then distributed under the Administration of Estates Act 1925 intestacy rules, exactly as though you had left no will covering that asset at all.
This is known as partial intestacy, and it can produce a very different outcome from what you actually intended, particularly if your closest surviving relatives under the intestacy rules are not the people you would have chosen.
Can I still let my ex inherit if I want to?
Yes, you can still let your ex-spouse inherit after divorce, but only by stating that intention expressly in your will using clear wording that excludes the effect of section 18A.
Section 18A only applies except in so far as a contrary intention appears in the will, so an express clause confirming that your former spouse should continue to benefit, or that section 18A should not apply, overrides the default position entirely. This is most relevant where you and your ex remain on good terms, or where a gift to them was always intended to continue regardless of the marriage ending, such as provision tied to caring for children you share.
Should I update my will after divorce anyway?
Yes, you should update your will after divorce even though section 18A protects you automatically, because the automatic protection only cancels your ex's gift and appointment, and leaves every other decision unmade.
Section 18A does nothing to appoint a new executor in your ex's place, name a new guardian for your children if your ex previously held that role, or redirect the lapsed gift to someone you have actually chosen. Leaving your will unamended after divorce means an outdated document, and potentially the intestacy rules, are left to fill gaps that a short review would resolve properly.
Click here for more information on what happens if you die without a will.
Click here for more information on the law of intestacy explained.
Frequently asked questions
Can my ex still act as executor if named in my will?
No, once your divorce is finalised, any appointment of your former spouse as executor or trustee fails automatically under section 18A of the Wills Act 1837. You should name a replacement executor in an updated will to avoid leaving that role unfilled.
Does separation without divorce affect my will?
No, separation alone has no effect on your will under section 18A, which only applies once a decree absolute or final order is actually issued. Your spouse remains a valid beneficiary and executor throughout separation unless you update your will yourself.
Can my ex challenge my will after we divorce?
Yes, your ex-spouse can potentially bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe your will fails to make reasonable financial provision for them, though such claims by a former spouse are less common and depend heavily on your specific circumstances. Speaking to a solicitor about your own situation is the best way to assess that risk.
Talk to Pearcelegal
If you have been through a divorce and would like us to review your will, get in touch with our team for a free initial consultation.
Author: Jodie Hall
Jodie Hall is a Solicitor in the Private Client team at Pearcelegal, based in Solihull, West Midlands. She is regulated by the Solicitors Regulation Authority under SRA number 666606.
Jodie joined Pearcelegal in the summer of 2023, having qualified as a solicitor at a firm in London earlier that year. At Pearcelegal, she advises clients on Wills, Lasting Powers of Attorney, Probate and estate administration, and Trust matters. She has also contributed to the firm's legal content, including guidance on the probate process and considerations for making a will.
Client reviews rate Jodie 5.0 out of 5 across six reviews on Review Solicitors, Outside of work, Jodie enjoys experiencing new cuisines, cooking, and visiting National Trust sites.
Pearcelegal itself is authorised and regulated by the SRA under firm number 423097.
Last reviewed: August 2026
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