Common mistakes people make with Wills: Failing to update their Wills after major life events

A Will is something we always recommend reviewing regularly (every 3 to 5 years), and particularly following a major life event, such as getting married, divorced or separating from a spouse.

In England and Wales, getting married automatically revokes any pre-existing Will entirely (unless it was written explicitly in contemplation of that specific marriage), but a divorce does not revoke a Will. This is specifically important for those in blended families to be aware of.

Whilst a divorce does not revoke a Will, it does legally treat your ex-spouse as if they had died before you. This is important to note because it can have an impact on the intended chain of distribution if you don't appoint backup beneficiaries.

Additionally, if you and your spouse decide to separate, and you do not update your Will after separating, your existing Will remains completely valid under UK law. This means that although you are estranged, your spouse could still inherit from your estate if you pass away before a final divorce order is finalised.

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