How Divorce Affects Your Will in Singapore

Mark Cheng
Jun 16, 2025
3 min read

Updated: Jan 2

Divorce is already a major life transition. But many people overlook a crucial question afterward: What happens to your will after a divorce in Singapore?

If you don’t update your will, your ex-spouse could still inherit your assets, even if that’s not your intention. In this guide, I’ll explain how divorce affects wills under Singapore law, and what steps you should take to protect your estate.

Does Divorce Automatically Cancel Your Will?

No, divorce does not automatically revoke a will in Singapore.

Under the Wills Act 1838:

A will is only revoked by:
- Marriage (unless the will is made in contemplation of that marriage), or
- A new will or explicit revocation
Divorce has no automatic effect on an existing will.

That means your ex-spouse can still inherit if they were named as a beneficiary or executor in your will, unless you update it.

What If My Will Leaves Assets to My Ex-Spouse?

If your will names your ex-spouse as:

A beneficiary: they may still inherit those assets
An executor: they may still be in charge of managing your estate

This can create serious complications, especially if you’ve remarried or have children from a new relationship.

Example:

Sarah wrote a will in 2016 naming her husband as executor and sole beneficiary. They divorced in 2024, but she did not change her will. If she dies in 2025, her ex-husband could still inherit, unless the will is revoked or updated.

Separated but Not Divorced? You’re Still Legally Married

Many people stay legally married but separated for years. In the eyes of the law:

Your spouse is still entitled under the Intestate Succession Act 1967 if you die without a will
Your CPF nomination or insurance policies may still include your spouse as a beneficiary

So even if you're no longer living together, your estate may not go where you intend.

Key Actions to Take After Divorce

1. Review Your Will Immediately

If you already have a will, review it with a lawyer. Check:

Beneficiaries
Executors
Guardians for minor children
Any trusts or specific gifts

2. Make a New Will

It’s often simpler and safer to make a new will than to modify the old one.

Include:

A clause revoking all previous wills
Updated beneficiaries (e.g. children, siblings, new spouse)
Clear instructions for distribution

3. Update Other Estate Planning Tools

Besides your will, update:

CPF nomination via the CPF Board
Insurance policy nominations
Joint accounts or property titles

4. Name a Guardian (if you have minor children)

If you pass away while your children are under 21, the surviving parent may automatically become their guardian. If this is not ideal, state your preferred guardian in your will.

What If You Don’t Update Your Will?

If you die without updating your will:

Your ex-spouse may benefit unintentionally
Your current partner (if not legally married) may get nothing
Disputes may arise among family members
You lose control over who manages and distributes your estate

What About Muslim Wills?

If you're a Muslim in Singapore, Syariah law applies. Divorce may change inheritance rights under faraid, but wills (wasiyyah) must also be updated to reflect your new intentions. It’s best to consult both a Syariah lawyer and an estate planner.

Final Thoughts

Divorce is a fresh start, and your estate plan should reflect that. Don't let outdated documents speak for you after you’re gone. A properly updated will ensures your assets are distributed the way you choose, not the way the law assumes.

Need Help Updating Your Will After Divorce?

We help individuals update or create legally sound wills, especially during life changes like divorce. Let’s make sure your wishes are protected.

Schedule a confidential consultation or email us at mc@markchenglaw.com to get started.