Does divorce cancel a former spouse's gift in a will in Manitoba?
This answer covers the law of Manitoba.
Yes, in most cases. Under The Wills Act, after a divorce or annulment, gifts and appointments to the former spouse in the will are revoked, and the will is read as if that person died first, unless a contrary intention appears in the will.
The same applies to a common-law relationship once it has ended, either by registered dissolution or after three years living separate and apart. Separation on its own is different. A will is revoked only by the methods set out in The Wills Act, and a change in circumstances alone does not revoke it. So a couple who separated but never divorced, or common-law partners who have not yet reached three years apart, may still have a valid gift to the former partner.
Who receives the gift instead depends on what the will says, such as a backup beneficiary, because the former partner is treated as having died first. A lawyer can confirm how the rest of the will reads. Separately, a separated spouse may still have rights under The Family Property Act, and those rights take priority over rights under The Intestate Succession Act.
Key takeaways
- After a divorce or annulment, gifts and appointments to the former spouse in a will are revoked, and the will is read as if that person died first, unless the will shows a contrary intention.
- For a common-law relationship, the same result applies after a registered dissolution or three years living separate and apart.
- A change in circumstances alone does not revoke a will, so separation without a divorce does not by itself cancel a gift.
- A separated spouse's rights under The Family Property Act take priority over rights under The Intestate Succession Act.