Introduction
This article is one of a set about wills. It explains how marriage and divorce affects your will.
Effect of marriage on your will
When you say “I do”, any existing will is automatically revoked; therefore it is no longer valid. However, you can get around this by make a will “in anticipation of marriage”. If it is quite clear that you intend it to take effect after you have married, then it will be valid after you have married. You can make it take effect either only after you have married, or immediately. You may need expert help in drafting to make this clear.
Effect of divorce on your will
If your marriage is ended by a court order (like divorce or annulment) your will is not void or invalid. Instead, any gift to your former spouse takes effect as if he / she had died on the date your decree became absolute (i.e. the date of your divorce). That usually means the gift falls back into residue for the benefit of the residuary beneficiaries. Of course, if you had left everything to him / her, then the effect is as if you had died intestate. Of course, it is therefore a good idea to make a new will immediately after your divorce.
Similarly, if by your will you had appointed your spouse as an executor or trustee, the will still takes effect as if he / she had died on the date the decree became absolute.
Even if you had appointed him / her as trustee of a trust for the benefit of the children of both of you, or as a guardian of a child or children, the trust fails.
You can avoid these results by making your intentions very clear, so that yur intentions cannot be interpreted ambiguously.
Marriage and divorce aside, you can make a new will at any time. | 
