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Wills & Estates

Does getting married cancel my existing will in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Yes, in most cases. Under Ontario's Succession Law Reform Act, marriage automatically revokes a will made before the marriage. This means that if you had a valid will before you got married and did not update it afterward, you may be treated as if you died without a will — and Ontario's intestacy rules would apply.

There is an important exception: a will is not revoked by marriage if it is made in contemplation of a specific marriage and that intent is expressed in the will itself. For example, a will drafted just before your wedding that states it is made in contemplation of your upcoming marriage to a named person would survive the ceremony.

This rule catches many people off guard, particularly those who made wills to protect prior children and then remarry. After marriage, the old will is revoked, and if the person dies before making a new will, the new spouse's inheritance rights under intestacy may override what the testator wanted to leave their children.

Reviewing and updating your will promptly after any major life event — including marriage — is essential. A lawyer can help you either draft a new will or confirm that your existing will contains proper contemplation-of-marriage language.

Key takeaways

  • Marriage automatically revokes an existing will in Ontario
  • A will survives marriage only if it expressly states it was made in contemplation of that marriage
  • This can significantly affect children from prior relationships
  • Update your will immediately after getting married
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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