Does getting married revoke an earlier will in Manitoba?
This answer covers the law of Manitoba.
Yes, usually. Under The Wills Act, a will is revoked by the testator's marriage unless an exception applies, such as a declaration in the will that it is made in contemplation of the marriage. The Act also saves a will made in contemplation of a common-law relationship with the person later married.
Otherwise, a will is revoked only by the methods in the Act: a later valid will, a later writing declaring intent to revoke made in will form, or burning, tearing or otherwise destroying it with intent to revoke. A change in circumstances alone does not revoke a will.
Divorce is treated differently. After divorce, annulment, or the end of a common-law relationship, gifts to the former partner are revoked and the will is read as if that person died first, unless the will shows a contrary intention. A surviving spouse or common-law partner may also have a separate right to apply for accounting and equalization under The Family Property Act. The exact exceptions are worth confirming with a lawyer, especially when an estate is being administered.
Key takeaways
- Marriage revokes a will unless an exception applies, such as a declaration that the will is made in contemplation of the marriage.
- A will made in contemplation of a common-law relationship with the person later married is also saved.
- A change in circumstances alone does not revoke a will; only the methods set out in the Act do.
- After divorce or the end of a common-law relationship, gifts to the former partner are revoked unless the will shows a contrary intention.