Separation is not the same as divorce — but as of January 1, 2022, Ontario law began treating separated spouses much more like divorced spouses when it comes to wills and estate rights. Further amendments taking effect January 1, 2025 finish that shift.
Under the updated Succession Law Reform Act (SLRA), key provisions in s.17 and s.43.1 now revoke bequests and executor appointments involving a separated spouse, provided specific criteria are met.
When a Spouse Is Considered “Separated”
A spouse is deemed separated if, before the testator’s death, one of the following occurred:
- The spouses lived apart for three years due to breakdown of the marriage.
- They signed a valid separation agreement.
- A court order or family arbitration award resolved issues arising from the breakdown.
These rules apply only to separation events on or after January 1, 2022.
What the 2025 Amendments Change
As of January 1, 2025, spouses who have lived apart for three years due to marriage breakdown are treated the same as divorced spouses even without:
- a separation agreement,
- a court order, or
- an arbitration award.
This closes the long-standing gap where spouses could remain legally “married” for decades and still inherit despite total estrangement.
Practical Effects on a Will
If the separation criteria are met, the law treats the separated spouse as if they predeceased the testator:
- Gifts to the separated spouse are revoked.
- Executor or trustee appointments are revoked.
- A separated spouse cannot inherit on intestacy.
This aligns separated spouses with the long-standing treatment of divorced spouses.
Why Updating Your Will Immediately Matters
Default revocation rules help, but relying on them is risky. Lawyers should:
1. Understand the legislative timeline
Separations before January 1, 2022 may not trigger the new rules.
2. Flag invalid gifts or appointments
Clients often unintentionally leave their estranged spouse in key roles.
3. Encourage immediate updates
Ambiguities can push estates into intestacy or lead to distributions the testator never intended.
4. Review the full estate plan
The SLRA changes do not affect:
- beneficiary designations (insurance, RRSPs, RRIFs), or
- Powers of Attorney.
Outdated designations still direct assets to former spouses.
Interaction With Family Law
Estate law does not override the Family Law Act (FLA). A separated spouse may still have:
- equalization entitlements,
- support claims, or
- other property rights.
This is why separation agreements, court orders, and arbitration awards remain essential.
Frequently Asked Questions
Does separation automatically remove my spouse from my will?
Only if the separation occurred on or after January 1, 2022 and you meet one of the statutory criteria (three-year separation, separation agreement, court order, or arbitration award).
What changes in 2025?
Living apart for three years due to marriage breakdown will, by itself, revoke gifts and executor appointments — even without any agreement or court order.
Can a separated spouse still claim against my estate?
Yes. Family Law Act rights (such as equalization) and support obligations can still apply.
Do beneficiary designations change automatically after separation?
No. Insurance and registered assets go to whoever is listed, even if that person is a separated spouse.
If my separated spouse is removed from my will, where does their share go?
It does not automatically pass to the next intended beneficiary unless the will clearly provides for that scenario. This is why updating your will immediately is essential.
Do these rules apply to separations before 2022?
Not necessarily. The statutory changes apply only to separation events occurring January 1, 2022 or later.
Recently Separated? Make Sure Your Will and Estate Plan Reflect Your New Reality.
Separation brings major legal and financial changes — and Ontario’s updated succession laws make it more important than ever to review your will, beneficiary designations, and Powers of Attorney. Relying on default revocation rules can leave your estate exposed to disputes, unintended inheritances, or outdated appointments that give your separated spouse more rights than you intended. At Chapman Steffler LLP, our estate and family law teams work together to ensure your documents are aligned with the new legislation and fully protect your wishes.
Contact Chapman Steffler LLP today to schedule a confidential consultation and update your estate plan with clarity, certainty, and peace of mind.
