Under section 14A of the Act a testator’s Will is revoked by their subsequent divorce unless the Will is made in contemplation of divorce. Similar rules apply to the contemplation of marriage clauses mentioned above. … If your divorce has been finalised but you die before executing a new Will you will die intestate.
Will in Contemplation of Divorce
While it may not be a high priority while going through a separation or divorce, it is critical that this change your Will.
The period of separation before a divorce a critical time to ensure your Will is updated. If you separate and then die before updating your Will, your spouse will still inherit any property you gifted to them under your Will. Likewise, if you have named your spouse as the executor of your Will, that appointment still stands. You will need to make a new Will.
This will in contemplation of divorce is 6 pages long.