If you are making a Will and intend to marry and you do not wish your marriage to revoke the Will, it is therefore important that the Will specifically references this.

Divorce also affects Wills and if you are not legally divorced, but have separated from your spouse then you should consider reviewing your Will. Otherwise, the legal spouse might be able to inherit under an old Will or under the intestacy rules, which may not be what you want. For further information about separation or divorce please contact our Family Department.

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Frequently Asked Questions about Divorce and Marriage Wills

How does a marriage or divorce affect a Will?

Marriage revokes and divorce doesn’t. Divorce cancels any right a person had to an inheritance in their ex spouse’s Will or intestacy.

Does a will override a divorce?

A divorce does not revoke a Will but it cannot override provisions agreed under financial proceedings.

Does marriage nullify a will?

Yes, it revokes it.

Do inheritances get split in a divorce?

Only if there is an intestacy and the ex spouse ceases to benefit the estate

How do I divorce my spouse and keep everything?

Make sure your Will is up to date.

Is my spouse entitled to half of everything?

Best to speak to a divorce lawyer but the starting point on divorce is equal split.

Contact the Franklins Wills and Probate team

If you have any questions about divorce and marriage Wills, please don’t hesitate to contact our team of experts who are on hand and ready to help you.