Does getting divorced automatically cancel my will in Ontario?
No. Unlike marriage, divorce does not automatically revoke your entire will in Ontario. However, it does have a significant and automatic effect on provisions that benefit your former spouse.
Under the Succession Law Reform Act, once a divorce is granted, gifts to the former spouse and appointments of the former spouse as estate trustee or attorney under a power of attorney are treated as if the former spouse had predeceased you. In other words, those specific provisions are voided by the divorce, but the rest of the will remains in effect.
This means that if your will leaves everything to your spouse and names them as estate trustee — with no alternate — your estate is left without a clear trustee and with a failed residuary gift. The estate may then need to be administered under Ontario's intestacy rules for the portion that fails.
Divorce also does not address registered account designations or life insurance beneficiary designations made in favour of the former spouse. Those designations are separate from the will and require their own updates. A separation that has not yet resulted in a formal divorce order does not trigger the Succession Law Reform Act provisions.
After any separation or divorce, promptly reviewing and updating your will and all beneficiary designations is essential.
Key takeaways
- Divorce voids gifts and trustee appointments in favour of the former spouse
- The rest of the will remains in effect — but may leave gaps where the spouse was named
- Separation alone does not trigger these provisions — a divorce order is required
- Also update registered account and insurance beneficiary designations after divorce