Updating Your Will After Divorce in Singapore

Last Updated February 12, 2026 – One of the most important things one should do after a divorce is updating your Will.

In Singapore, divorce does not automatically revoke a Will or any gifts bequeathed to your former spouse.[1] This means that if you made a Will during your marriage, it would still stay valid even after your divorce is finalised. If you had gifted assets in that Will to your former spouse, they would still be entitled to inherit those assets after you pass away. This may not necessarily align with your current wishes. Therefore, it is important for you to update your Will after your divorce has been finalised.

Key Takeaways

• In Singapore, divorce does not cancel your Will, so your ex-spouse may still inherit if you do nothing.
• Updating your Will after divorce helps you remove old gifts, change executors, and reflect your current wishes.
• A new Will is usually better than a codicil because it reduces confusion and replaces outdated terms clearly.
• You should review key areas such as beneficiaries, guardians for children under 21, executors, and post-divorce assets.
• Some assets, like CPF monies, certain insurance payouts, and joint tenancy property, do not pass under a Will.

What is a Will?

A Will is a legal document that governs how your assets will be distributed after your death.[2] A Will not only determines who inherits your assets, but can appoint guardians for your children, manage your debts and address any other wishes you may have regarding the distribution of your estate. If a divorce changes your family dynamics, your Will should reflect these changes to avoid confusion, disputes or unintended beneficiaries.

Why you should update your Will after your divorce

1. Change the appointment of executors: In many cases, spouses are appointed as executors in a Will. Post-divorce, the appointment of executor(s) should be changed to someone else who is better suited to managing your estate.
2. Make changes to beneficiaries: In many cases, spouses are naturally named as the primary beneficiaries in a Will. It is likely that after you have divorced your former spouse, you no longer want them to benefit from your estate. However, if you fail to update your Will, they may still be entitled to inherit your assets.
3. Appoint or change the guardian of your children: In your Will, you may specify who should take care of your children in the event of your death. If you have children who are under the age of 21 years, your divorce may affect your choice of guardians.
4. Any change in financial circumstances: Divorce typically results in a division of assets, including property, investments, savings, CPF. Your financial situation may be very different during the marriage versus after the divorce, and this change in financial circumstances should be reflected in your Will, along with any newly acquired assets or debt.
5. Avoiding Legal Complications: Failing to update your Will after a divorce could create ambiguity or conflict amongst your family members. To avoid potential legal proceedings or complications associated with the distribution of your estate, it would be wise to ensure that your Will is up to date.

Making a New Will

After a divorce, the prudent thing to do is to draft a completely new Will rather than simply making minor amendments to your Will via a Codicil. This helps to eliminate any potential confusion or ambiguity that might arise from outdated provisions. A new Will ensures that your current circumstances are reflected and are clear. It is wise to seek legal advice from a lawyer specialising in Wills and Estates so that they may assist you in drafting your new Will.

When drafting your new Will, ensure that you clearly identify:

• The new executor of your estate who will be managing the distribution of your assets after your death;
• The beneficiaries who will inherit your estate, such as your children, family members, and/or friends;

*Note that monies in your Central Provident Fund (CPF) accounts do not form part of your estate and neither do insurance policies.[3] Assets held in joint tenancy do not form part of your estate either as your interest will pass to the surviving proprietor(s) so they are not devisable by Will.[4]

• The guardians of any children under the age of 21 years in case both parents pass away;
• Specific wishes, such as funeral arrangements or donations to charities.

Appoint a New Executor

You should appoint a new executor who is trustworthy and capable of fulfilling the responsibilities of managing your estate.

Executors have a range of duties, including ensuring that your debts are paid, distributing your assets according to your Will and dealing with any taxes or legal matters involving your estate.[5] Therefore, you should choose someone who is able to handle such workload and pressure. Although not necessary, it would be good of you to discuss your decision with them before appointing them as executor.

Reviewing and Updating Guardianship Provisions (if any)

If you have children, you should ensure that your Will specifies who you want to take care of them in the event of your death. A divorce could lead to changes in custody and care arrangements, and it is preferable to appoint someone who would be able to co-parent with your former spouse.

A guardian legally steps into your shoes after your death.[6] This means that they have the power to make decisions about the welfare of your children until they reach the age of 21 years.

Although a Court may have the final say in matters of guardianship, but your wishes, as expressed in your Will, will carry significant weight.

Excluding Your Former Spouse from the new Will

If you no longer want your former spouse inheriting anything from your estate, ensure that they are not named as a beneficiary in the new Will. If you fail to do this, they may still be entitled to a portion of your estate based on the terms of your existing Will.

Additionally, if you wish to make provisions for your children or others, ensure that they are clearly listed as the new beneficiaries.

Consider Your Financial Circumstances Post-Divorce

If your assets have been distributed as part of your divorce settlement, you need to consider how these assets should be treated in your Will. For example, if you and your former spouse have already divided your property, but your Will still includes the property as part of your estate, this could create confusion about who owns what.

Update your Will to ensure that it aligns with the terms of the divorce settlement and that any assets you retain are properly accounted for in your new Will.

Obtain advice from a Lawyer

It is always advisable to consult a lawyer when making changes to your Will, especially after a divorce. A lawyer can ensure that your Will is valid, provide you with the appropriate advice and address any nuances specific to your circumstances. A lawyer can also assist you with structuring your Will to obtain the best outcome for your beneficiaries.

Note that changes to your Will could have tax implications for your beneficiaries, depending on the size of your estate and the assets involved. Consider also seeking professional tax advice to ensure that your estate plan is tax efficient.

Review Your Will Regularly

Life events such as divorce, remarriage, the birth of children, death of beneficiaries or significant changes in financial circumstances should prompt a review of your Will. Even if you have updated your Will after a divorce, it is still good practice to review it from time to time and as your life circumstances change.

Disclaimer: This article is intended for general guidance and informational purposes only. It does not constitute legal advice. If you require legal advice tailored to your specific situation, please consult a qualified family lawyer.

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