The Eric Whitehead Partnership

Unlike marriage, divorce does not automatically revoke (cancel) your Will. Once divorced, your Will remains valid but takes effect as though your former spouse has died on the date of Decree Absolute.

If you made a gift to your former spouse, that gift will not take effect and will form part of your residuary estate. If you have given your entire estate to your former spouse and there is no one else to inherit, your estate will be distributed under the intestacy rules.

It is therefore important that you make a new Will as soon as possible.

Also, if you have also made Lasting Powers of Attorney, divorce will also cause the appointment of your spouse to be revoked. In these circumstances, your replacement attorneys will step in. However, if your spouse was appointed ‘jointly’ with another, the LPA will be invalid.

If you wish to start the process of making a new Will or Lasting Power of Attorney, please email clientcare@ericwhitehead.co.uk or call us on 01538 755761.