Does separation automatically affect my will in Ontario?

Since January 1, 2022, Ontario treats qualifying separated spouses like divorced spouses: if, at death, the spouses had lived separate and apart for three years or had a separation agreement, court order, or arbitration award and were still separated, gifts to and appointments of the separated spouse in the will are revoked (SLRA s. 17 (3)-(4)) — for separations that don't meet that definition, separation alone still changes nothing. This means that if you die while separated but before your divorce is granted, your separated spouse could still inherit under your existing will and could still receive life insurance proceeds or registered accounts (like RRSPs) if they are named as beneficiary.

Divorce is the triggering event in Ontario: under the Succession Law Reform Act, when a marriage is legally ended by divorce, gifts to the ex-spouse in the will are revoked, and the will is read as if the ex-spouse predeceased. However, this protection does not apply during the separation period — only after the divorce order is granted.

This gap means that updating your will and beneficiary designations promptly after separation is important. You should consider: making a new will, changing beneficiaries on RRSPs, TFSAs, and life insurance policies, and reviewing any powers of attorney you have granted your spouse.

Do not wait for the divorce to be finalized before reviewing your estate documents. The period between separation and divorce can last more than a year, and dying with an outdated will during that time can have unintended consequences.