Does Divorce Revoke a Will in Ontario?
Divorce brings many life changes. Understanding how it affects your will is crucial for protecting your assets and loved ones.
In Ontario, divorce does not completely revoke your will. It automatically nullifies certain provisions, such as gifts to your former spouse and their appointment as executor.
Your will remains valid, but important parts of it may no longer work as intended.
The legal landscape around wills and marital status has evolved in Ontario. Recent changes to estate laws have modernized how marriage, divorce, and separation impact existing wills.
These updates affect everything from beneficiary designations to executor appointments.
Whether you're recently divorced, separated, or planning for the future, understanding these legal changes can save your estate from costly complications. This guide explores how marital status changes impact your will and what practical steps to take to keep your estate plan up to date.
How Divorce Affects a Will in Ontario
In Ontario, divorce does not cancel an entire will. It automatically revokes specific parts related to the former spouse.
The Succession Law Reform Act governs these changes and determines which portions remain valid after the marriage ends.
Revocation of Gifts and Appointments to a Former Spouse
Ontario law automatically removes certain provisions involving a former spouse when a divorce becomes final. Any gifts left to the former spouse in the will become void unless the will specifically states otherwise.
The appointment of a former spouse as executor or estate trustee is also automatically revoked. This prevents the divorced spouse from managing the estate or making decisions about asset distribution.
Key automatic revocations include:
Gifts of money or property to the former spouse
Appointment as executor or estate trustee
Powers of attorney granted to the former spouse
Guardian appointments for children
The will treats these revoked sections as if the former spouse died before the will-maker. Gifts may pass to alternate beneficiaries named in the will.
Role of the Succession Law Reform Act (SLRA)
The Succession Law Reform Act sets the rules for how divorce affects wills in Ontario. This law determines which parts of a will remain valid and which parts become void after divorce.
Under the SLRA, the automatic revocation only applies to provisions directly benefiting the former spouse. The Act protects the remaining beneficiaries and keeps the will functional.
The SLRA also addresses:
When revocations take effect
Exceptions for wills made in contemplation of divorce
Alternative distribution of revoked gifts
Protection for other named beneficiaries
The Act applies to all divorces finalized in Ontario. It provides consistency in how divorced individuals' estates are handled.
Status of the Remaining Will after Divorce
The rest of the will remains valid after divorce in Ontario. All other beneficiaries, gifts, and instructions continue to work as written.
If the will named alternate executors, they automatically take over the role when the former spouse's appointment is revoked. Alternate beneficiaries receive gifts originally left to the former spouse.
The divorced person should review their entire estate plan carefully. While the will remains legally valid, it may not reflect their current wishes for asset distribution or care of minor children.
Important considerations for the remaining will:
Guardian appointments for children may need updates
Beneficiary percentages might require adjustment
New relationships may warrant will amendments
Financial circumstances may have changed
Creating a new will after divorce often provides better clarity. It ensures the estate plan matches the person's current situation and relationships.
Impact of Separation on Your Will
As of January 1, 2022, Ontario law treats separated spouses similarly to divorced spouses regarding wills. If spouses are separated when one dies, gifts to the separated spouse and their role as executor are automatically revoked unless the will states otherwise.
Definition of Separation under Ontario Law
Ontario's Succession Law Reform Act defines specific conditions for separation that affect wills. A spouse is considered separated if any of these occurred before the testator's death:
Three-year separation: They lived apart due to marriage breakdown for three years immediately before death
Valid separation agreement: They entered into a legal separation agreement
Court intervention: A court order or family arbitration award was made regarding their rights and obligations
The separation events must have occurred on or after January 1, 2022. People who separated before this date may not be affected by these changes.
The law requires clear evidence of marriage breakdown. Simply living apart temporarily does not qualify as separation under estate planning rules.
Legal Effects of Separation versus Divorce
Separation and divorce now have similar effects on wills in Ontario. Both automatically revoke certain parts of a will involving the former spouse.
Automatic revocations include:
Gifts or bequests to the separated spouse
Appointments as executor or estate trustee
Roles as trustee for any trusts created in the will
The will itself remains valid. Only the parts involving the separated spouse are cancelled.
Key difference: Divorce creates immediate revocation, while separation requires meeting specific legal criteria first. The testator can override these automatic revocations by clearly stating their intentions in the will.
Separation Agreements and Court Orders
A separation agreement is a legal contract between spouses that outlines their rights and responsibilities. When properly executed, it triggers the automatic revocation rules for wills.
The agreement must be valid under family law to affect estate planning. Invalid or incomplete agreements may not provide the legal separation status needed.
Court orders serve the same function as separation agreements. They create the legal separation that revokes gifts to the former spouse in wills.
Both documents:
Must address rights and obligations from marriage breakdown
Take effect immediately when signed or ordered
Override previous will provisions involving the spouse
These legal documents provide clear evidence of separation for estate purposes.
Beneficiary Designations after Divorce or Separation
Divorce or separation in Ontario does not automatically cancel beneficiary designations on registered accounts or life insurance policies. Former spouses often remain named beneficiaries unless these designations are manually updated.
Registered Accounts and Life Insurance Policies
RRSPs, RRIFs, and pension plans keep their original beneficiary designations after divorce. The former spouse will receive these assets even if the divorce happened years earlier.
Life insurance policies work the same way. The ex-spouse stays as the beneficiary until the policy owner changes it.
This creates problems for many people. They may assume divorce removes their former spouse automatically.
Ontario law does not work this way.
The deceased's estate may lose valuable assets to an unintended beneficiary. Current family members may receive nothing from these accounts.
Financial institutions cannot override these designations. They must pay the named beneficiary regardless of the divorce status.
How to Update Beneficiary Designations
Contact each financial institution directly to change beneficiary forms. Banks, insurance companies, and pension administrators have their own processes.
Required steps include:
Completing new beneficiary designation forms
Providing proper identification
Submitting the forms to the correct department
Getting written confirmation of the changes
Some people try to change beneficiaries through their will. This method works but creates extra complications during probate.
Direct designation forms are faster and cleaner. They avoid probate delays and legal fees.
Review all accounts annually. People often forget about old workplace pensions or small insurance policies.
Keep copies of all updated forms. Send updates by registered mail or deliver them in person when possible.
Legal Challenges with Outdated Beneficiaries
Courts sometimes face disputes when former spouses receive benefits after divorce. Family members may challenge these payments in court.
Separation agreements can affect these cases. Some agreements specifically address beneficiary rights and releases.
In recent court cases, deceased husbands' families tried to stop ex-wives from collecting RRSP and life insurance money. The courts usually sided with the named beneficiaries.
The estate often pays legal costs for these disputes. This reduces the money available for intended heirs.
Tax implications also create problems. The estate may owe taxes on RRSP withdrawals while the former spouse receives the actual money.
These legal battles can take months or years to resolve. Updated beneficiary designations prevent most of these issues.
Marital Status Changes and Wills: Marriage, Divorce, and Separation
Ontario's Succession Law Reform Act (SLRA) underwent major changes in January 2022 that affect how marriage and separation impact existing wills. Marriage no longer automatically revokes a will, while separated spouses now receive similar treatment to divorced spouses regarding estate planning.
Marriage and Its Effect on Wills
Before January 1, 2022, getting married automatically cancelled any existing will in Ontario. This old rule caused problems when people forgot to create new wills after marriage.
The SLRA now protects existing wills when someone gets married. Marriage on or after January 1, 2022, does not revoke an existing will.
The previous will stays valid and enforceable. This change prevents predatory marriages where someone might marry a vulnerable person just to cancel their will.
It also gives married couples more time to update their estate planning without losing protection. People who married before 2022 under the old rules are not affected by this change.
Their pre-marriage wills were already revoked and cannot be restored. Even though marriage no longer cancels wills automatically, updating estate planning after marriage remains important.
Spouses may want to include their new partner as a beneficiary or executor.
Separated but Not Divorced: Estate Consequences
Starting January 1, 2022, separated spouses face the same will restrictions as divorced spouses. The SLRA treats separation and divorce equally for estate planning purposes.
When spouses separate, gifts to the separated spouse in existing wills become invalid. Their roles as executor or trustee are also cancelled unless the will specifically states otherwise.
The law considers spouses separated under three conditions:
Living apart for three years due to marriage breakdown
Signing a valid separation agreement
Having a court order about marriage breakdown rights
These separation rules only apply if the separation occurred on or after January 1, 2022. Couples who separated before this date are not affected by the new provisions.
Separated individuals should create new wills quickly. This ensures their estate plans reflect their current wishes and circumstances.
Updating Your Will and Estate Plan after Divorce or Separation
After divorce or separation in Ontario, several key documents require immediate attention. The most critical updates involve selecting new decision-makers and ensuring your estate goes to your intended recipients.
Choosing a New Executor or Estate Trustee
Your ex-spouse likely served as your executor or estate trustee before the divorce. Ontario law automatically revokes these appointments after divorce, but you need a replacement.
Key considerations when selecting a new executor:
Choose someone you trust with financial matters
Pick a person who lives in Ontario or Canada to avoid complications
Consider their age and ability to handle tasks
Select someone who gets along well with your beneficiaries
Many people choose an adult child, sibling, or close friend. Some prefer a professional like a lawyer or trust company for larger estates.
Always name a backup executor. Your first choice might not be available when needed.
Having alternates prevents court delays and extra costs. Update your will immediately after choosing new executors.
Don't wait for the divorce to be final. Separation is enough reason to make these changes right away.
Appointing Alternate Beneficiaries
Divorce automatically removes your ex-spouse as a beneficiary in Ontario.
This creates gaps in your estate plan that need filling.
Review all beneficiary designations on:
Life insurance policies
Registered retirement savings plans (RRSPs)
Tax-free savings accounts (TFSAs)
Pension plans
Investment accounts
Your ex-spouse may still be listed on these accounts even after updating your will.
Each account needs separate paperwork to change beneficiaries.
Consider these new beneficiary options:
Your children (with age restrictions if they're minors)
Other family members like parents or siblings
Close friends who supported you through the divorce
Charitable organizations you care about
Plan for contingencies.
Name secondary and tertiary beneficiaries in case your new primary beneficiary dies before you.
Document your reasons for beneficiary changes.
This helps prevent future disputes among family members.
Revising Powers of Attorney
Powers of attorney for property and personal care often name your ex-spouse as your substitute decision-maker.
These documents don't automatically change after divorce.
You need two separate powers of attorney:
Power of attorney for property - handles financial decisions
Power of attorney for personal care - makes healthcare choices
Your ex-spouse probably shouldn't make these important decisions for you anymore.
Choose new attorneys who understand your values and preferences.
Good candidates include:
Adult children who know your wishes
Siblings or parents you trust
Close friends who live nearby
Timing matters greatly.
Update these documents before any medical emergency or mental incapacity.
Once you lose mental capacity, it's too late to make changes.
Sign new powers of attorney as soon as possible after separation.
Don't wait for the divorce to be final.
Notify banks, doctors, and other professionals about the changes.
Common Legal Issues and Practical Steps
Failing to update your will after divorce creates serious legal problems.
This can cost your estate thousands of dollars and cause family disputes.
Taking the right steps and getting proper legal advice helps protect your wishes and prevents court battles.
Risks of Not Updating Your Will
Not updating your will after divorce leaves your estate open to legal challenges.
Your ex-spouse may still be named as executor, giving them control over your assets.
Financial consequences can be severe.
If beneficiary designations on life insurance or retirement accounts still name your former spouse, they may receive money you intended for others.
These designations often override your will under Ontario law.
Your children face the biggest risk.
Without updated guardianship provisions, family members might fight in court over who should care for them.
This creates expensive legal battles that drain your estate.
Key risks include:
Ex-spouse gaining control as executor
Wrong beneficiaries receiving assets
Guardianship disputes over minor children
Costly probate delays
The deceased person's true wishes become unclear when documents contradict each other.
Courts may need to interpret outdated provisions, leading to outcomes you never wanted.
Avoiding Conflicts and Litigation
Updating your will promptly after divorce prevents most family disputes.
Clear documentation shows your current intentions and reduces the chance of court challenges.
Document everything properly.
Your new will should explicitly revoke all previous versions.
This prevents confusion about which document reflects your final wishes.
Name backup executors and guardians in case your first choices can't serve.
This avoids emergency court applications that cost time and money.
Update all related documents:
Power of attorney forms
Beneficiary designations on accounts
Trust agreements
Insurance policies
Store your updated will in a safe place and tell trusted family members where to find it.
Consider giving a copy to your lawyer or storing it with the court registry.
Family law issues become simpler when estate documents match your current situation.
Clear instructions prevent relatives from fighting over your intentions.
Seeking Professional Legal Advice
Estate lawyers understand how divorce affects your will under Ontario law.
They help you create documents that protect your wishes and follow current legal rules.
A lawyer reviews all your assets and suggests the best way to structure your new estate plan.
They spot problems you might miss and recommend solutions that save your family money later.
Professional help is essential for:
Complex family situations
Significant assets or business interests
Custody arrangements for children
Tax planning strategies
Don't use online templates for your new will.
Ontario law has specific requirements that generic forms often miss.
Mistakes can make your will invalid or create legal loopholes.
Family law lawyers also help if you're dealing with ongoing divorce issues.
They coordinate with estate lawyers to make sure all your legal documents work together properly.
Most lawyers offer fixed fees for basic will updates.
This small cost now prevents much larger legal bills for your family later.
Conclusion
Divorce does not completely revoke a will in Ontario.
However, it automatically cancels certain parts, such as gifts to the former spouse and their appointment as executor.
Property owners should review their entire estate plan after divorce.
This includes updating beneficiary designations on insurance policies and retirement accounts.
Powers of attorney for property and personal care also need attention.
Contact B.I.G. Probate Law Ontario for professional guidance on updating your will after divorce.
Our experienced team helps clients navigate estate planning changes with confidence.
Reach us at Info@probatelaw-ontario.ca or (289) 301-3338 to discuss your specific situation.
Visit probatelawgroup.ca or book a free call to get started on protecting your estate plan today.
Frequently Asked Questions
Divorce in Ontario doesn't cancel an entire will but changes specific parts of it.
Separated spouses now face similar rules as divorced ones under new laws that took effect in 2022.
Does divorce invalidate a will in Ontario?
No, divorce does not invalidate an entire will in Ontario.
The will remains valid after divorce.
However, certain parts of the will change automatically.
Any gifts left to the former spouse are revoked unless the will specifically says otherwise.
The ex-spouse also loses their role as executor or trustee.
The law treats these situations as if the former spouse died before the person who made the will.
Can my husband take half my inheritance if we divorce?
Inheritance is generally not subject to equal division in Ontario divorce proceedings.
Property inherited during marriage typically remains separate property.
However, if inheritance money gets mixed with family assets, it may become divisible.
This happens when inherited funds are used for the matrimonial home or joint investments.
The timing of when someone receives the inheritance also matters.
Inheritances received before marriage usually stay separate from marital property.
Does a will become void after divorce?
A will does not become completely void after divorce in Ontario.
The document remains legally valid with automatic changes.
Only the sections involving the former spouse become void.
These include gifts, bequests, and appointments as executor or trustee.
All other parts of the will stay in effect.
This includes gifts to children, other family members, and friends.
What assets cannot be split in a divorce?
Certain assets remain exempt from division in Ontario divorces.
Property owned before marriage typically cannot be split.
Gifts and inheritances received during marriage from third parties usually stay separate.
Personal injury settlements also remain with the individual who received them.
Property excluded by a valid marriage contract or separation agreement cannot be divided.
However, any increase in value of exempt property during marriage may be subject to division.
Can my ex-wife claim my inheritance after divorce?
An ex-wife generally cannot claim inheritance received after divorce is finalised.
Inheritances are separate property under Ontario law.
However, if the inheritance was received during marriage and mixed with family assets, she may have a claim.
The key factor is whether the inherited money remained separate.
Court orders and separation agreements can also affect inheritance rights.
Some agreements may include clauses about future inheritances.
What money can't be touched in a divorce?
Several types of money remain protected in Ontario divorces. Pre-marital assets and savings usually cannot be touched.
Inheritances and gifts from third parties during marriage often stay separate. Personal injury awards and disability payments are also protected.
Money held in trust or covered by valid prenuptial agreements cannot be divided. Proceeds from the sale of exempt property keep their protected status.