Life changes, and your estate plan should too. Marriage, separation, or divorce can all have major consequences for your will. Many assume divorce automatically cancels a will, but Ontario law has nuances you need to understand to ensure your estate plan reflects your wishes.
Marriage and Wills: Then and Now
Until recently, marriage automatically revoked any existing will in Ontario. This could cause serious issues, particularly in cases of predatory marriage. To address this, the Succession Law Reform Act (SLRA) was amended effective January 1, 2022. Under the new rules, marriage no longer revokes a prior will.
If you married on or after January 1, 2022, your existing will remains valid unless you choose to change it.
Divorce and Wills
Divorce does not cancel your entire will. Only provisions dealing directly with your former spouse are affected. Gifts to your ex-spouse are revoked, and your ex cannot serve as executor, trustee, or guardian unless the will explicitly allows it.
If your will left “everything to my spouse,” that gift is revoked, potentially leaving gaps or unintentionally triggering intestacy.
Separation and Wills
As of January 1, 2022, separated spouses are treated similarly to divorced spouses. A separated spouse cannot inherit under an old will or act as executor unless the will explicitly states otherwise.
A spouse is considered separated if:
- You had been living apart for at least three years due to a marriage breakdown.
- A valid separation agreement is in place.
- A court order or arbitration award has been made regarding marital rights.
Common-Law Partners
Common-law partners do not automatically inherit under Ontario’s intestacy rules, and wills are not revoked by starting a new common-law relationship.
However, a financially dependent common-law partner may claim support under the SLRA. They may also have entitlements outside the estate, such as pensions or insurance benefits.
Why Updating Your Will Matters
After marriage, separation, or divorce, review your will and prepare a new one if needed. Consider:
- How gifts to a former spouse are affected
- Whether a new executor or trustee should be appointed
- What happens if your will remains unchanged
- How separation (but not divorce) affects your plan
Estate planning is personal. Regular updates ensure your family is protected, your wishes are respected, and you avoid complicated legal disputes.
FAQ
- Does divorce revoke my entire will in Ontario?
No. Only provisions dealing with your former spouse are revoked. The rest of your will remains valid. - Do I need a new executor after divorce?
Yes, if your ex-spouse was named as executor. Update your will to appoint a new executor or trustee. - What about separated spouses?
Separated spouses are treated like divorced spouses under Ontario law as of January 1, 2022. They cannot inherit or serve as executor unless the will explicitly allows it. - How are common-law partners affected?
Common-law partners do not inherit automatically. Financially dependent partners may claim support under SLRA.
Next Step
If you are divorced, separated, or remarried, contact Chapman Steffler LLP to review or update your will. Ensure your estate plan reflects your current relationships and intentions
