Does a Gift to an Ex-Spouse in a Will Still Stand After Divorce in British Columbia?
This answer covers the law of British Columbia.
Usually not. If the will-maker and spouse cease to be spouses after the will is made, any gift to the former spouse, their appointment as executor or trustee, and any power of appointment given to them are revoked. The gift is then distributed as if the spouse had died before the will-maker. A contrary intention in the will can change this.
Divorce is not the test. Married spouses cease to be spouses when an event occurs that creates an interest in family property under Part 5 of the Family Law Act, such as separation. Marriage-like partners are spouses only if they lived together for at least 2 years, and they cease to be spouses when one or both end the relationship. Spouses are not treated as separated if, within one year, they resume living together primarily to reconcile and live together for one or more periods totalling at least 90 days.
Once gifts are revoked, a later reconciliation does not reverse that. The rest of the will is not revoked just because circumstances changed. A lawyer can confirm how this applies to your situation.
Key takeaways
- If the will-maker and spouse cease to be spouses after the will is made, gifts to the former spouse, their appointment as executor or trustee, and any power of appointment are revoked.
- A contrary intention in the will can change this, but once gifts are revoked a later reconciliation does not reverse the revocation.
- Married spouses cease to be spouses when an event such as separation creates an interest in family property under Part 5 of the Family Law Act, so a divorce is not required.
- Marriage-like partners are spouses only after living together for at least 2 years, and they cease to be spouses when one or both end the relationship.