If you are divorced, revoke your old will immediately and write a new one naming updated beneficiaries, an executor, and a guardian for minor children if needed. Then update every beneficiary designation on retirement accounts, life insurance, and payable-on-death bank accounts, since those pass outside the will entirely.
About half of marriages end in divorce, and the reason behind yours does not matter to your estate plan. What matters is making sure your will reflects your actual wishes as soon as your relationship status changes, ideally before your divorce is even finalized. Here is how to do that correctly. FastWill's will package makes it simple to write a new will that fits your current situation.
Revoke Your Old Will Right Away
If you have a will from your marriage, do not wait to deal with it. If you are not ready to write a full replacement immediately, at minimum sign and date a short statement revoking it: a single sentence stating that you revoke all previous wills and codicils accomplishes this. In many states, a final divorce decree automatically revokes provisions in favor of an ex-spouse, but you should never rely on that alone. A lot can happen while a divorce is pending, and if you pass away before the decree is final, your old will may still control what happens to your property.
Why Your Old Will No Longer Works
Wills written during a marriage typically leave everything to a spouse, name that spouse as guardian of any children, and appoint the spouse as executor. Once you are divorced, none of that reflects what you actually want. Every one of those roles needs to be reconsidered from scratch.
How to Write a New Will After Divorce
- Name new beneficiaries. Decide who should inherit your assets going forward, and name a backup for each choice in case your first choice does not survive you.
- Name a new executor. Your executor manages your estate through probate and carries out your instructions, so choose someone you trust, along with an alternate.
- Name a guardian if you have minor children. Courts typically award full custody to a surviving parent, but if both parents are unavailable, your named guardian and alternate matter.
- Address any concerns about your ex-spouse's parenting in writing, separately. If you have serious, documented concerns about your children's other parent raising them, put concrete examples in a letter to your executor. A probate court is rarely the right venue to relitigate this, and vague accusations will not hold up.
Update Every Beneficiary Designation
Some of your most valuable assets do not pass through your will at all. Retirement accounts like 401(k)s and IRAs, life insurance policies, payable-on-death bank accounts, and transfer-on-death brokerage accounts go directly to whoever is named as the beneficiary on that specific account, regardless of what your will says. If you never update those forms after your divorce, your ex-spouse could still inherit those assets even with a brand new will in place. Log in to each account directly and update the beneficiary information as soon as your new will is signed.
If You Have Children, Coordinate Your Full Plan
Divorce changes more than just your will. If you have children, review your full estate plan together, including guardianship choices and any assets set aside specifically for them. Our guide on writing a will if you have children walks through naming a guardian and managing a child's inheritance in more detail.
A Common Mistake: Only Fixing Part of the Plan
People often update their will but forget the beneficiary designations, or update the designations but never touch an outdated will, leaving inconsistent instructions across different documents. A properly executed last will and testament only controls the assets it actually governs, so treat this as one project: revoke the old will, sign a new one, and update every account designation in the same sitting. If your will simply needs targeted changes rather than a full rewrite, see our guide on modifying a will without a lawyer.
How FastWill Handles This
FastWill lets you build a complete new will in one sitting, reflecting your current wishes rather than an outdated document from your marriage. The platform walks you through naming beneficiaries, an executor, and a guardian if needed, then applies your state's specific signing and witnessing rules so the new will is valid the moment you sign it.
Frequently Asked Questions
Does divorce automatically cancel my old will?
In many states, a final divorce decree automatically revokes provisions favoring an ex-spouse, but rules vary, and relying on this alone is risky while a divorce is still pending. Write a new will to be certain.
Do I need to update my life insurance beneficiary separately from my will?
Yes. Life insurance, retirement accounts, and payable-on-death accounts pass by the beneficiary named on the account itself, not by your will, so you must update each one directly.
Who gets custody of my children if I die after a divorce?
Courts typically give full custody to the surviving parent. A guardian you name in your will only becomes relevant if both parents are unavailable.
Can I prevent my ex-spouse's new partner from raising my children?
You can express your wishes and concerns to the court through your executor, but a probate court rarely overrides a fit surviving parent's custody rights based on a will provision alone.
How soon after a divorce should I update my will?
As soon as possible, ideally before the divorce is finalized. Waiting leaves your assets subject to an outdated document that no longer reflects your wishes.
Make Sure Your Will Matches Your Life Now
An outdated will can undo the very outcome you are trying to protect. Start your new will with FastWill and put your current wishes in writing today.
