Should I update my will if I sell a property I specifically left to someone?
Yes, you should. When a specific asset named in a will — such as a particular house or investment account — no longer exists in your estate at the time of death, the gift "adeems." Ademption means the gift simply fails: the beneficiary who was supposed to receive the property receives nothing from that provision, and there is no substitute unless your will provides for one.
If you sell a property that you left to a specific beneficiary, that beneficiary does not automatically receive the sale proceeds or an equivalent amount. Unless your will contains a clause that follows the proceeds of a specifically named asset, the gift is gone.
There are limited situations where Ontario courts may find that the intention was to pass on the proceeds, but this requires litigation and is not guaranteed. The simpler and more reliable approach is to update your will promptly after selling or disposing of a specifically gifted asset.
If your intent is to leave a beneficiary a share of your estate rather than a particular piece of property, consider using percentage or residue language instead of naming specific assets. This makes the gift more resilient to changes in your asset mix over time and reduces the need to update the will every time an asset changes.
Key takeaways
- Selling a specifically named asset can cause the gift to fail by ademption
- The beneficiary does not automatically receive proceeds — the gift simply disappears
- Update your will after any significant change to a specifically gifted asset
- Using residue or percentage language avoids this problem altogether