Checklist sorting out your estate after a divorce

A divorce does not automatically invalidate your will. If your ex is named as a beneficiary in your will, they will simply inherit from you, even years after the divorce. Many older wills do not contain an "end of relationship clause". Check this as soon as possible and have your will revoked or amended by a notary. If you do nothing, your assets could still end up with your ex.

After a divorce, a new will is almost always necessary. This revokes the old will and allows you to determine who your heirs are. Also consider a two-step inheritance provision (tweetrapsmaking): this prevents your assets from ending up with your ex-partner through your children. And consider an exclusion clause, so that whatever you leave behind remains the private property of your heirs in case of their own divorce.

With many insurance policies, your ex-partner is still listed as the beneficiary. This applies to life insurance, but also to your funeral insurance. Contact your insurer and update the beneficiary designation. This is a separate action: changing your will does not automatically change the beneficiary on your policy.

In the case of a divorce, you are often entitled to a share of the pension your ex-partner built up during the marriage (and vice versa). This is called pension equalisation (verevening). Additionally, the survivor's pension for your ex-partner usually lapses after the divorce, unless agreed otherwise. Check with your pension fund that everything has been processed correctly and that the right people are registered as dependants.

A living will (levenstestament) records who makes decisions on your behalf if you are no longer able to, for example due to illness or an accident. Is your ex-partner still listed as your authorised representative? Then they could end up making decisions about your finances and medical care. Not ideal after a divorce. Have your living will reviewed by a notary.

An executor handles the practical matters after your death: from arranging the funeral to distributing assets and settling debts. Without an executor, your heirs are jointly responsible. Do you have minor children? Then your ex-partner, as their legal representative, could end up administering the inheritance on their behalf. If you don't want that, appoint an executor in your will.

After a divorce, both parents usually retain joint parental authority. If you are the first to pass away, authority automatically transfers to your ex-partner. But what if you both pass away? In your will, you can appoint a guardian for your minor children. That way you decide who they end up with, rather than leaving it to a judge.

The divorce has changed your financial situation. Create a new overview of what you own and what you owe: bank accounts, investments, your home (or your share of it), loans and any cryptocurrency or other online balances. This overview forms the basis for everything you arrange in your will and with your notary.

After a divorce, your ex-partner probably still has access to shared accounts, passwords and cloud storage. Think of a shared Netflix or Spotify account, a joint Google Drive or iCloud photo library, and saved passwords on each other's devices. Change your passwords, disconnect shared accounts and check who is listed as a legacy or emergency contact on services like Apple (Digital Legacy), Google (Inactive Account Manager) and Facebook (Memorialisation Contact). Use a password manager and give master access to someone you trust, such as your executor.

Perhaps your ex-partner was the person responsible for carrying out your funeral wishes. After a divorce, you probably want to assign that role to someone else. Record your wishes again (burial or cremation, location, atmosphere) and make sure at least one trusted person knows where to find everything: your will, insurance documents, asset overview and login details.