How Changes in Your Marital Status Can Affect Your Will in Ontario
Life doesn’t stand still — and neither should your estate plan.
In Ontario, changes in your marital status can have a direct impact on your will. Yet, many people create a will once and then forget about it, often leaving it untouched for years. This can lead to unfortunate outcomes where an estate is distributed in a way that no longer reflects the person’s true wishes — and sometimes, it sparks costly legal disputes among loved ones.
To help you avoid those headaches, here’s a quick breakdown of how marriage, divorce, and separation can affect your will under Ontario law.
💍 Getting Married
Good news: As of January 1, 2022, getting married no longer cancels a will that was made before the wedding.
Before this change, Ontario’s laws automatically revoked a will once you tied the knot. That meant newlyweds often lost their existing estate plans without even realizing it. Thankfully, this rule was repealed, so your will now stays valid after marriage — but it’s still a smart idea to review it whenever your life circumstances change.
💔 Getting Divorced
If you’re divorced, the law treats your ex-spouse as if they passed away before you — at least when it comes to your will.
That means:
Any gifts left to your former spouse in your will are cancelled.
Your ex cannot act as an executor (even if you named them).
However, they can still serve as a guardian or trustee for your children, if named, and can apply to the court to be formally appointed in those roles.
So if your former spouse is still mentioned in your current will, it's time to consider an update.
🧾 Becoming Separated
Separation can be a grey area — but Ontario law has recently made things clearer.
If you became separated on or after January 1, 2022, and:
You’ve been separated for at least three years, or
You’ve resolved your rights and obligations through a separation agreement, court order, or arbitration,
then your former partner will be treated just like a divorced spouse for estate purposes. That means the same rules apply: any gifts to them are void, and they can’t act as your executor.
This change helps protect people from unintentionally leaving part of their estate to someone they’re no longer truly connected to — but only if they’ve taken legal steps to document the separation.
🛑 One Important Exception
All of this assumes you haven’t stated otherwise in your will.
If you specifically say in your will that you intend to leave assets to a former or separated spouse — and that you’re aware of Ontario’s succession laws — the courts will honour your wishes. In that case, the executor must distribute your estate accordingly.
✅ What Should You Do?
Simple: Review your will every 2–3 years, or whenever you go through a major life change like marriage, divorce, or separation. A quick check now can save your loved ones stress, time, and legal fees later.
Not sure where to start? We’re here to help. Contact us to schedule a will review or estate planning consultation.
Disclaimer:
This blog is for reference only and does not constitute legal advice. For specific issues, please consult your lawyer.
The copyright of this blog belongs to Zeng Law Professional Corporation, Ontario, Canada. Without authorization, reproduction, reprinting, excerpting, or other means of copying, publishing, or distributing is prohibited.
