Does getting married cancel my existing will in Ontario?
No — not anymore. Until January 1, 2022, marriage in Ontario automatically revoked any will made before the wedding, unless the will was made specifically in contemplation of that marriage. The Accelerating Access to Justice Act, 2021 repealed that rule by amending the Succession Law Reform Act: a will made before a marriage now survives it.
For blended families, this used to be a serious trap. Someone might carefully plan an estate before a second marriage, naming their children as beneficiaries, only to have the wedding wipe out that will and push the estate into intestacy, where the new spouse's rights could significantly reduce what the children received. That specific risk is gone; an existing will keeps working after you remarry.
But a surviving will is not the same as a will that still fits. It may say nothing about the new spouse, who now has entitlements on intestacy for any part of the estate the will does not cover, and can elect for an equalization payment under the Family Law Act instead of taking under the will. In a blended family, that gap matters.
Review your will around the time you remarry and update beneficiary and executor choices to reflect your new family. A lawyer can confirm it still protects both your spouse and your children as intended.
Key takeaways
- Marriage no longer revokes a prior will in Ontario — that rule was repealed effective January 1, 2022.
- Before 2022, marriage automatically revoked a will unless it was made in contemplation of that marriage.
- An existing will survives remarriage, but it may still say nothing about the new spouse's entitlements.
- Review beneficiary and executor choices around the time you remarry, especially in blended families.