As featured in
life-situations
After divorce, life moves on — new relationships, new priorities. But the paperwork of the previous marriage often lingers. Bank accounts still show the ex as nominee. Insurance policies still name the ex as beneficiary. The old Will still names the ex as executor.
If you die without updating these, your ex-spouse can inherit substantial portions of your estate. This is legally what would happen under the outdated designations, and courts typically enforce them as they stand.
Divorce does not automatically revoke your Will (unlike marriage, which does under Section 70 ISA). The Will remains in force until you formally revoke it or draft a new one.
Complete these steps within three weeks of the decree of divorce becoming final:
1. Draft a new Will removing the ex-spouse entirely as beneficiary, executor, and guardian (unless you specifically want to retain them in these roles for children's welfare reasons).
2. Update nominations on every bank account, mutual fund, demat, PPF, insurance policy, EPF, and any other financial product.
3. Update the beneficiary on any employer group life insurance policy.
4. If the ex was authorised on any accounts (joint accounts, mandate accounts), remove that authorisation.
5. Update your emergency contact and next-of-kin at your workplace, doctor, and hospital.
6. Review any powers of attorney executed during the marriage — revoke those in favour of the ex.
For divorced individuals with children, the typical new-Will structure:
Executor: a trusted sibling or adult child, not the ex.
Residuary: to children equally, with per stirpes substitution.
Guardianship of minor children: this is the most complicated area. Under Guardians and Wards Act 1890, the surviving parent (i.e., the ex) is generally the natural guardian. You cannot fully override this by Will. But you can appoint a substitute property guardian to manage the child's inheritance separately from the ex's day-to-day custody role.
Substitute beneficiaries: careful thought about what happens if a child pre-deceases you. Do the child's shares go to their descendants, or to your surviving children, or elsewhere?
Some divorce decrees include alimony or maintenance obligations that continue after the payer's death — either as a charge on the estate or as a specific direction to the executor.
Read your divorce decree carefully. If maintenance to the ex-spouse or child support survives your death, the Will should acknowledge this and direct the executor to satisfy the obligation from the estate before distribution to other beneficiaries.
Failure to acknowledge continuing obligations does not extinguish them — the ex or the child can claim from the estate as a debt. But acknowledging them in the Will streamlines the process for the executor.
Most divorce settlements include a provision that either party can/cannot change life-insurance beneficiary. Check your specific decree.
For policies where you are free to change the beneficiary, do so immediately — to your children, a new partner, or a testamentary trust.
For policies where the decree requires you to maintain the ex as beneficiary (this is common for child-support securing arrangements), respect that decree. Any Will provision that tries to redirect that policy is void as against the decree.
If you and your ex jointly own property, the divorce settlement should have addressed this — either sold and proceeds split, or one party bought out the other, or the property continues held jointly with a specific arrangement.
If the property continues held jointly, the joint tenancy has survivorship implications on death. Understand whether your interest passes to your ex automatically (joint tenancy with right of survivorship) or to your estate (tenants-in-common). Adjust your Will accordingly.
Some divorced couples continue amicable co-parenting and may want to preserve some inheritance flow to the ex — for instance, to help the ex raise the children if you die.
This can be structured. Rather than a direct bequest to the ex, use a testamentary trust with the ex as trustee, with directions that the trust corpus be applied for the children's upbringing.
This is more sophisticated drafting — Personalised Will (₹25,000) territory.
This is general legal information, not legal advice. For your specific situation, consult a Law Tarazoo advocate.
Start with the ₹5,000 Online Will — advocate-reviewed, delivered in your inbox in 30 minutes. Or book a 60-minute Personalised consult at ₹25,000.
Start My Will →
