Updating Your Will After Divorce or Marriage: Legal Steps to Take (2026 Guide)

When Rebecca Matthews died unexpectedly in January 2025, just five months after her Final Order was granted, her will left everything to her children aged 9 and 12. But her £180,000 pension never reached them. The pension trustees paid the entire amount to her ex‑husband because her Expression of Wish form—which guides trustees on beneficiary decisions—still listed him as beneficiary .

The Rebecca Matthews Case: A £180,000 Warning

Rebecca's parents, now the children's guardians, are fighting a legal battle to recover those funds for their grandchildren's future. The tragedy isn't just Rebecca's untimely death. It's that this entire situation was preventable with one updated form .

Rebecca's story isn't unique. In 2023, there were 102,678 divorces in England and Wales, yet most divorcing individuals don't realize that divorce only partially protects them legally .

The lesson: Divorce automatically revokes gifts to ex‑spouses in your will, but it does NOT automatically update pension beneficiaries, life insurance policies, or Lasting Powers of Attorney. These require separate action.

What the Law Automatically Does (and Doesn't Do)

Virginia Law (§ 64.2-412)

If, after making a will, the testator is divorced or their marriage annulled, the divorce or annulment revokes:

Any disposition or appointment of property to the former spouse
Any power of appointment conferred on the former spouse
Any nomination of the former spouse as executor, trustee, conservator, or guardian

Va. Code § 64.2-412(B)

Property passes as if the former spouse failed to survive the testator .

Marriage note: Marrying automatically cancels your Will, unless your Will clearly shows you were planning this marriage when you made it .

West Virginia Law (§ 41-1-6)

Divorce or annulment revokes:

Disposition or appointment of property to former spouse
Provisions conferring power of appointment on former spouse
Nomination of former spouse as executor, trustee, conservator, or guardian

W. Va. Code § 41-1-6(a)

If provisions are revoked solely by this section, they are revived upon the testator's remarriage to the former spouse .

UK: Wills Act 1837 (s.18A)

Section 18A of the Wills Act 1837 treats your ex‑spouse "as if they had died" for will purposes only .

What divorce DOES automatically revoke:

Gifts to your ex‑spouse in your will
Your ex‑spouse's appointment as executor or trustee

What divorce does NOT automatically revoke:

Pension beneficiary nominations
Life insurance beneficiary designations
Lasting Powers of Attorney
Joint bank account access
Property ownership and mortgage responsibility

The Hidden Trap: Death Benefits (Life Insurance, Pensions, Retirement)

Virginia § 20-111.1

Upon entry of a decree of divorce or annulment on or after July 1, 1993, any revocable beneficiary designation in a written contract providing for payment of any death benefit to the other party is revoked .

"Death benefit" includes life insurance, annuities, retirement arrangements, and compensation agreements .

Automatic revocation

Exception

This does NOT apply to the extent a decree of annulment or divorce provides for a contrary result as to specific death benefits, or to any trust or death benefit payable to or under any trust .

Consent Order overrides

The most dangerous oversight—and the one that cost Rebecca £180,000 in the opening scenario.

Pension Expression of Wish

An Expression of Wish form tells your pension trustees who should receive your pension death benefits if you die. Trustees usually follow this form, and it overrides your will .

Pensions don't pass through your will. If your Expression of Wish still names your ex‑spouse from years ago, they'll likely receive the full amount—regardless of what your will says .

How to update: Contact each pension provider (workplace, private, SIPP) separately. Request a new Expression of Wish form. Complete it naming your current beneficiaries. Return it within 30 days of your Final Order .

Without a Consent Order, your ex‑spouse can make pension claims years after divorce .

Codicil vs New Will: How to Update

Codicil

A codicil is a separate document that adds to or changes an existing will .

When appropriate: Minor changes. However, if the codicil causes confusion or contradicts parts of the original will, it may be deemed invalid .

Codicils must meet the formal requirements of a will (witnessed, signed) .

New Will

The best way to change your will is to make a new one. Making a new will automatically cancels your old one .

When appropriate: Major life events like marriage, divorce, birth of children, significant change in assets .

You should state on the new document that you revoke all previous wills .

A will that has been fully executed (signed and witnessed) cannot be altered, either by crossing out or writing in new clauses, unless the changes are executed in the same manner as a will .

Powers of Attorney: The Overlooked Danger

Divorce does not automatically revoke Lasting Powers of Attorney .

Property & Financial Affairs LPA

Manages money, property, and bills

Health & Welfare LPA

Makes medical treatment decisions

If you appointed your ex‑spouse, they retain authority until you formally revoke it with the Office of the Public Guardian .

How to revoke: Create a deed of revocation, send it to the Office of the Public Guardian, notify your ex‑spouse, and create a new LPA naming someone else (sibling, adult child, trusted friend) .

Your 30-Day Post-Divorce Document Update Timeline

Week 1: CRITICAL

Day 1: Update pension Expression of Wish forms
Day 2: Update life insurance beneficiaries
Day 3: Revoke Lasting Powers of Attorney
Day 5: Update your will
Day 7: Close or freeze joint bank accounts

Do these first

Week 2: HIGH PRIORITY

Day 8: Apply for Consent Order
Day 10: Update property deeds and mortgage
Day 14: Create new LPAs

Week 3: MEDIUM

Update HMRC tax records
Update employer records
Update passport/driving licence if name changed

Week 4: LOWER

Update medical records
Set up mail redirection
Update utilities and council tax

Focus on Week 1 items first—these pose the greatest financial risk if your ex‑spouse is still named .

The Most Important Document: Your Consent Order (UK)

Without a Consent Order, your ex‑spouse can make financial claims against you indefinitely—even decades after divorce .

What is a Consent Order? A court‑approved financial settlement that makes your divorce agreement legally binding. It covers asset division, pensions, and maintenance arrangements.

Why it's essential: Your Final Order ends the marriage but doesn't prevent future claims on your pension, inheritance, future assets, or estate .

The clean break provision is critical—it protects your pension, inheritance, and estate from future claims .

Apply before your Final Order is granted. If you can't agree, apply for a Financial Order where a judge decides the split (typically £2,000‑£5,000 in legal fees) .

Your 2026 Estate Plan Update Checklist

1. Review Your Will

Check if it reflects current family situation. Marriage, divorce, births, deaths all require updates .

Foundation

2. Update Beneficiary Designations

Pensions, life insurance, IRAs, 401(k)s, payable‑on‑death accounts . These override your will.

3. Choose New Executors & Agents

Name new executors, LPAs, healthcare proxies. Ensure they're willing to serve .

4. Name Guardians for Children

Appoint who should care for them if you die .

5. Transfer Property Deeds

If keeping family home, ensure Consent Order releases you from mortgage liability and removes name from Land Registry .

6. Plan Digital Assets

Update password lists, digital legacy contacts, social media instructions .

7. Execute New Will Properly

8. Review Every 3-5 Years

Estate planning is not a one‑time task. Schedule regular reviews .

Special Note: Marriage Automatically Revokes Your Will

Victoria, Australia

Marrying (or remarrying) automatically cancels your Will, unless your Will clearly shows you were planning this marriage when you made it .

Automatic revocation

After marriage, you need a new will—even if you want the same provisions. The old will is void.

When to Seek Professional Help

You should consult an experienced estate planning attorney if :

You have experienced marriage, divorce, or the birth of children
You own significant assets, a business, or property in multiple states
You have complex family dynamics (blended families)
You need to update pension beneficiaries or set up a Consent Order
Your will was drafted more than 3‑5 years ago

A will is far more than just a legal document. It captures your wishes, protects your loved ones, and safeguards the legacy you want to leave behind .

Act Within the Critical Window

Rebecca Matthews' story is a tragic reminder that divorce only partially protects you legally. Section 18A of the Wills Act 1837 revokes gifts to ex‑spouses, but it does absolutely nothing about pension beneficiaries, life insurance policies, or Lasting Powers of Attorney .

Divorce: Update within 30 days – especially pension forms, LPAs, and life insurance.
Marriage: Your will is automatically revoked in many jurisdictions – create a new one.
Codicil vs new will: New will is safer; codicils can cause confusion.
Beneficiary designations override wills: Pensions, life insurance, and retirement accounts must be updated separately.
Powers of Attorney: Divorce does NOT revoke them – you must take action.

Your will should be treated as a living document—evolving as your circumstances change. Regular reviews aren't a luxury; they're an essential part of protecting the people you care about .

As Talbot Walker reminds us during Update Your Will Week 2026 (2nd–8th March): without clear and legally valid instructions, families and partners can face uncertainty, distress, and even costly disputes—often discovering too late that assumptions do not provide protection under the law .

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