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Wills & Estates

Does getting married revoke an earlier will in Manitoba?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

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.
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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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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