Why you should write a Will when you get divorced

Why divorce is a trigger

Divorce ends a legal relationship — but it does not automatically rewrite your will. The document you signed during your marriage was built around that marriage: who would inherit, who would act as executor, and what you wanted to happen to your property. When the marriage ends, that document can quietly become one of the most dangerous things you own.

What the law does — and does not — do

The law handles part of the problem, but only part:

• the dissolution of a marriage or civil union generally means your will takes effect as if your former spouse or partner had died before you — so they usually do not inherit;
• however, the will itself survives — every other part of it stays exactly as it was;
• if you separated but never divorced, the automatic rule may not apply at all; and
• if you were in a de facto relationship that ended, nothing changes automatically — a former partner you named can still inherit.

In short, the automatic rules are a blunt instrument. They may stop your ex-spouse from inheriting, but they do not fix the rest of your will.

What can go wrong without a new will

Relying on the automatic rules leaves real problems:

• your former in-laws or your ex-spouse’s family may still benefit from gifts made years ago;
• your executor may still be your former spouse, or someone connected to them, controlling your estate;
• provision for children may be out of date, or may not reflect what you want now;
• your new partner, if you have one, may receive nothing;
• relationship property that was not settled can still affect your estate; and
• your family may be left to argue about what you would have wanted.

What a fresh will lets you control

A new will after divorce lets you:

• choose who benefits — children, family, a new partner, friends or charities;
• appoint an executor you trust in your new life;
• remove gifts to your former spouse’s family;
• decide what happens to property that was not covered by the settlement; and
• remove any lingering uncertainty for everyone involved.

Don’t wait for the divorce to be final

You do not need to wait for a divorce order. If you are separated, make a new will now — you can update it again when the divorce is final. Waiting risks the very outcome you are trying to avoid: an old will taking effect at the worst possible time.

What else to update at the same time

Alongside your will, review:

• life insurance, KiwiSaver and superannuation beneficiary nominations;
• who holds powers of attorney for your finances and health;
• enduring guardianship appointments;
• joint accounts and joint property arrangements; and
• where your will and other documents are kept, and who knows about them.

Practical steps

After separation or divorce:

• make a new will as soon as practical;
• coordinate it with your property settlement;
• name a new executor and backups;
• update beneficiary nominations and powers of attorney;
• talk to your children and family about your wishes, where appropriate; and
• get legal advice if your finances, property or family arrangements are complicated.

The bottom line

Divorce changes your life, and your will should change with it — the law only fixes part of the problem, and it fixes none of it if you simply separated. Make a new will when you separate, update it when the divorce is final, and review everything else that names people. It is one of the most important steps in closing that chapter cleanly. Our guide on ending a relationship and guide on marriage and wills cover the surrounding rules.