Life changes fast — and your will needs to keep up. Marriage, divorce, and separation are three of the most common life events that can dramatically change how your estate is distributed in Ontario, sometimes in ways you’d never expect. If you’ve recently walked down the aisle, finalized a divorce, or separated from a partner, it’s time to take a close look at your will.
In this guide, we’ll break down exactly how each of these life events affects your existing will under Ontario law, and what steps you should take to make sure your estate plan reflects your current wishes.
Why Your Will Doesn’t Automatically Update Itself
Many people assume that a major life event — like getting married or divorced — automatically updates their will. In Ontario, that’s only partly true, and the rules can catch people off guard. Understanding how the law treats these situations is the first step to protecting your estate and your loved ones.
How Marriage Affects Your Will in Ontario
Here’s something that surprises a lot of people: as of January 1, 2022, marriage no longer automatically revokes (cancels) a will in Ontario.
This is a significant change from the old rules. Previously, if you got married, any will you made before the marriage was automatically void unless it specifically anticipated the marriage. Now, under amendments to the Succession Law Reform Act, a pre-existing will remains valid even after you marry.
Why You Should Still Update Your Will After Marriage
While your old will technically remains valid, that doesn’t mean it still reflects your wishes. Consider:
- Your will may not include your new spouse at all, especially if it was written years before the relationship began.
- You may want your spouse to inherit specific assets, be named as your estate trustee (executor), or become the guardian of your children.
- Without updates, your estate could end up distributed according to outdated instructions that no longer match your intentions.
- If you don’t have a will at all, Ontario’s intestacy rules will determine how your estate is divided — and a new spouse’s share under those rules may not reflect what you’d actually want.
Bottom line: Marriage won’t cancel your will anymore, but that’s exactly why it’s so important to review and update it yourself. Don’t rely on the law to do it for you.
How Divorce Affects Your Will in Ontario
Divorce is treated very differently from marriage under Ontario law. When your divorce is finalized, the Succession Law Reform Act provides that any provisions in your will that:
- Name your former spouse as a beneficiary,
- Appoint your former spouse as your estate trustee (executor), or
- Grant your former spouse any power of appointment,
are automatically treated as if your former spouse had died before you. In other words, those specific gifts and appointments are revoked.
Why “Automatic” Doesn’t Mean “Problem Solved”
This automatic revocation only applies to provisions concerning your former spouse — it doesn’t rewrite the rest of your will. This creates a few common problems:
- Gaps in your estate plan. If your former spouse was your only named beneficiary or executor, your will may now have gaps that need to be filled by alternate provisions — or, if there are none, parts of your estate could fall into intestacy.
- The rule doesn’t apply to separation. As we’ll cover below, simply separating from your spouse does not trigger this same automatic revocation.
- Life insurance, RRSPs, and pensions aren’t covered. Beneficiary designations on insurance policies, registered accounts, and pensions are separate from your will and are not automatically changed by divorce. Many people forget to update these separately, leaving an ex-spouse as the named beneficiary.
- Your will was likely written with your marriage in mind. Guardianship clauses, trust structures, and contingency plans may need a full rework, not just a quick edit.
How Separation Affects Your Will in Ontario
This is where many Ontarians get caught off guard: separation alone does not automatically revoke or revise your will in Ontario, even if you’ve been separated for years.
Unlike divorce, which is a legal status confirmed by a court, separation is often informal — there’s no single document that marks the moment your marriage ends for the purposes of the Succession Law Reform Act. As a result:
- If you pass away while separated (but not yet divorced), your will remains fully valid, including any provisions benefiting your separated spouse.
- Your separated spouse could still inherit under your will, still be named as your estate trustee, and could still have significant rights to your estate — unless you update your will yourself.
- Even with a separation agreement in place, that agreement may only limit certain rights (such as an equalization claim) and won’t necessarily override the terms of your existing will.
If you are separated and haven’t updated your will, this should be a priority. Waiting for a divorce to be finalized — which can take months or years — leaves your current will and beneficiary designations exactly as they were during the marriage.
Other Documents You Should Review Alongside Your Will
Updating your will is essential, but it’s rarely the only document affected by these life changes. Make sure you also review:
- Power of Attorney for Property – who manages your finances if you become incapable
- Power of Attorney for Personal Care – who makes health and personal care decisions on your behalf
- Beneficiary designations – on life insurance policies, RRSPs, RRIFs, TFSAs, and pension plans
- Joint ownership arrangements – including your home and joint bank accounts
- Guardianship provisions – for minor children, especially important after separation or divorce
When Should You Update Your Will?
As a general rule of thumb, you should review your will after any of the following:
- Getting married or entering a common-law relationship
- Separating from a spouse or partner
- Finalizing a divorce
- Having or adopting children
- The death of a beneficiary or executor named in your will
- A significant change in assets (buying property, starting a business, receiving an inheritance)
- Moving to a different province or country
Even if none of these apply to you recently, it’s good practice to review your will every three to five years to make sure it still reflects your wishes.
Don’t Leave Your Estate Plan to Chance
Ontario’s rules around wills, marriage, divorce, and separation are more nuanced than most people expect — and the gaps between what the law does automatically and what it doesn’t can leave your loved ones dealing with confusion, delays, or disputes at the worst possible time.
The good news? Updating your will is a manageable process, and getting it right now can save your family significant stress and expense down the road.
Ready to Update Your Will? Contact Zaidi Legal Professional Corporation
If you’ve recently married, divorced, or separated, don’t leave your estate plan to chance. The team at Zaidi Legal Professional Corporation can review your existing will, explain how your recent life changes affect your estate plan under Ontario law, and help you create an updated will that truly reflects your current wishes.
Contact Zaidi Legal Professional Corporation today to schedule a consultation and take the next step toward protecting your estate and your loved ones.
Legal Disclaimer: This article is provided for general informational and educational purposes only and does not constitute legal advice. The information contained in this article may not reflect the most current legal developments and may not apply to your specific circumstances. Reading this article does not create a lawyer-client relationship between you and Zaidi Legal Professional Corporation. You should not act or refrain from acting based on any information in this article without first seeking the advice of a qualified lawyer licensed to practice in your jurisdiction. For advice specific to your situation, please contact Zaidi Legal Professional Corporation directly.