Does getting married automatically cancel my existing will in Ontario?
Yes. In Ontario, marriage automatically revokes a previously made will, unless the will was made in contemplation of that specific marriage and the will states that it is not to be revoked by the marriage. This means that if you marry after making a will and do not update your will (or expressly draft it in contemplation of marriage), your old will becomes invalid.
The practical effect is significant. If you marry and your old will is revoked but you do not create a new one, you are treated as having died intestate when you pass away. Your estate would then be distributed according to Ontario's default intestacy rules — which may or may not match what you would have wanted.
Many people are unaware of this rule. After any major life event — marriage, divorce, birth of a child — it is good practice to review your will and update it as needed. A lawyer can help you draft a will in contemplation of a planned marriage so that it survives the wedding.
Key takeaways
- Marriage revokes any prior will in Ontario unless the will was made "in contemplation of" that marriage.
- A revoked will leaves you intestate, meaning provincial rules govern your estate.
- Divorce does NOT automatically revoke a will (though it can affect gifts to a former spouse).
- Review and update your will after every major life event.