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Wills & Estates

Does getting married automatically cancel my existing will in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

No. Since January 1, 2022, marriage no longer revokes an existing will in Ontario. Before that date, marriage automatically revoked a previously made will, unless it was made in contemplation of that specific marriage; the Accelerating Access to Justice Act, 2021 repealed that rule by amending the Succession Law Reform Act. A will you signed before your wedding now remains valid after you marry.

That does not mean you should leave an old will alone. It may still name an ex-partner, omit your new spouse entirely, or otherwise fail to reflect your current wishes. And even though the will itself survives, your new spouse gains rights the will may not address: an entitlement to part of your estate if any of it is not covered by a valid will, and the right to make an election under the Family Law Act for an equalization payment instead of taking under the will.

The practical point still stands: marrying is a good reason to review your will, just not because the old one becomes automatically void. A lawyer can confirm your will still reflects your wishes and properly provides for your new spouse.

Key takeaways

  • Marriage no longer revokes a will in Ontario — that rule was repealed effective January 1, 2022.
  • Before 2022, marriage automatically revoked a prior will unless it was made "in contemplation of" that marriage.
  • A new spouse still has intestacy entitlements and a Family Law Act election, even though the will itself survives.
  • Review and update your will after marrying so it reflects your new spouse's place in your plans.
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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