- For unmarried spouses in Saskatchewan, a gift to a former partner and their appointment as executor are revoked only after at least 24 months of no longer cohabiting in a spousal relationship, unless the will says otherwise.
- For married spouses, divorce revokes the gift and the executor appointment unless the will says otherwise.
- For unmarried spouses, a gift to a former partner and their appointment as executor are only revoked after you have ceased cohabiting in a spousal relationship for at least 24 months, and a will that expressly says otherwise keeps them.
Separating from a common-law partner is stressful, and your will is rarely the first thing on your mind. Many people assume that once the relationship ends, the will automatically stops favouring the former partner. In Saskatchewan, that is only partly true, and timing matters.
This article explains how section 19 of The Wills Act, 1996 treats gifts and executor appointments after a separation or divorce. It focuses on the period right after a common-law breakup, when your will may still name your ex. It does not cover beneficiary designations or what happens when there is no will.
This article covers the law of Saskatchewan.
What section 19 of The Wills Act, 1996 does
Section 19 of The Wills Act, 1996 is headed 'Effect of divorce, etc.' On divorce, a gift to the former spouse and the appointment of the former spouse as executor are revoked, unless the will says otherwise.
An executor is the person you name to carry out your will and manage your estate. So after a divorce, your former spouse would generally no longer receive what you left them and would no longer be your executor, unless you wrote something different into the will.
The rule for common-law partners: 24 months
For unmarried spouses, the same revocation happens only after they have ceased cohabiting in a spousal relationship for at least 24 months. Until that period has passed, the gift and the executor appointment are not revoked by this rule.
| Situation | What happens to a gift or executor appointment |
|---|---|
| Married spouses who divorce | Revoked on divorce, unless the will says otherwise |
| Unmarried spouses who stop cohabiting | Revoked only after at least 24 months without cohabiting in a spousal relationship, unless the will says otherwise |
When your will keeps the gift anyway
A will that expressly says otherwise keeps the gift or executor appointment despite divorce. If you deliberately want a former partner to keep a gift or remain your executor, you can say so clearly in the will. If you do not want that, the wording of your will and the timing of the separation both matter.
A will is also not changed by marriage or by two or more years in a spousal relationship. Moving in with someone, or living together for a long time, does not rewrite your will. Separately, under The Family Property Act, an unmarried person who has cohabited with another as spouses continuously for not less than two years is a 'spouse', and family property is generally distributed equally between spouses unless the court finds that would be unfair and inequitable. Whether a partner has any claim to your property depends on your situation, so it is worth confirming with a lawyer.
The risky gap in the first 24 months
The danger is the time between separating and the end of the 24-month period. During those months, a will that names your former common-law partner as a beneficiary or executor is generally still in force on those points, because the revocation applies only after at least 24 months.
If you died in that window, the person you have separated from could still be named to receive a gift or to run your estate. That may be the opposite of what you want, and it can cause conflict for your family at a hard time. Waiting for the law to fix it for you leaves that gap open.
- Your will is not cancelled just because the relationship ended.
- A separation of less than 24 months does not trigger the revocation for unmarried spouses.
- A will that expressly says otherwise is not affected by the rule.
What to do next
Do not rely on the automatic rule. Review and update your will yourself as soon as your relationship ends. A lawyer can help you word changes clearly and confirm how the rules apply to your situation.
- Find your current will and read who is named as beneficiary and executor.
- Decide who should receive your property and who should act as executor now.
- Have a new will prepared, or an update made, rather than relying on the 24-month rule.
- Note any wording in your will that expressly keeps a gift or appointment for your former partner.
- Tell your new executor where the signed will is kept.
- Ask a lawyer about anything not covered here, such as beneficiary designations or what happens without a will.
Frequently asked questions
Does my will change automatically when I separate from my common-law partner?
Not right away. For unmarried spouses, a gift to the former partner and their appointment as executor are revoked only after at least 24 months of no longer cohabiting in a spousal relationship. Until then, the will generally still names them.
What happens to my will if I divorce?
On divorce, a gift to your former spouse and their appointment as executor are revoked unless the will says otherwise. A will that expressly says otherwise keeps the gift or appointment.
Does living with a partner for two years make them part of my will?
No. A will is not changed by marriage or by two or more years in a spousal relationship. If you want a partner to receive something or act as executor, the will needs to say so.
Can I keep my former partner as executor on purpose?
Yes. A will that expressly says otherwise keeps the gift or executor appointment despite divorce. If you want this, it is wise to have the wording checked by a lawyer so your intention is clear.
Sources
- The Family Property Act, S.S. 1997, c. F-6.3 (Publications Saskatchewan) — publications.saskatchewan.ca
- Government of Saskatchewan – Updating or Changing Your Will — saskatchewan.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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