Getting Married? Check Your Will! Getting Divorced? Check Again!

A lot of thoughts may go through your mind when getting married. A lot of thoughts may go through your mind when you go through a divorce. But did you consider your estate plan when going through these major life changes? In Ontario, both marriage and divorce have significant effects on an estate plan and it is important to understand how the law can affect your will. Updating your will is crucial to ensuring your will is valid and reflects your wishes as they change throughout your life.

Getting Married? Your will may not be valid!

According to the Succession Law Reform Act, “A will is revoked by the marriage of the testator” however, there are some exceptions to this rule. Therefore, it is prudent to check your will to determine if you need to update the will to make it valid. The only ways to avoid this automatic revocation are if the will was made in contemplation of marriage, your spouse writes to the Estate Registrar for Ontario after your death to take their share under the will or the will distributes your property under the same rules of intestate succession.

One way to help “future-proof” your will is to rely on section 16 (a) which prevents a will from being revoked by marriage if “there is a declaration in the will that it is made in contemplation of the marriage.” This declaration cannot be made contemplating the mere possibility of being married in the future. Instead the testator must contemplate a marriage at a specified date to a named person.

Getting Divorced? Your will may not reflect your wishes!

Divorce automatically invalidates the sections of your will related to your former spouse. However, the remaining sections remain in effect. If a couple merely separates but does not divorce, then the will remains in effect. Therefore, it is important to contemplate your will in the event that your marriage breaks down to ensure your wishes are respected.

Just as you can take steps to “future-proof” your will prior to your marriage, you can take steps that help ensure your will is valid and reflects your wishes in the event of divorce. One method of ensuring your will reflects your wishes as your life circumstances change is to select alternate executors and beneficiaries. These alternates will execute and benefit from your will in the event your spouse predeceases or divorces you and avoid problems associated with intestate succession.

At Law365, we try to draft our wills in a way that accounts for the uncertainty inherent in life. However, even the best wills can become invalidated or stop reflecting your wishes as your life changes. Therefore, it is important to check your will from time to time to ensure your wishes are adequately protected.

Whether you are drafting your will for the first time or you are looking to update your will, we are happy to help. Call us at (647)-494-9599 or email us at info@law365.ca to find out more about how we can help you with your succession plan.