When to Update Your Will: Marriage, Divorce, and New Children in Ontario

Most people who make a will feel a quiet sense of relief — the task is done, the box is checked. But a will is not a set-it-and-forget-it document. Life changes, and the law has specific rules about how certain life events affect a will that was made under different circumstances.

Knowing when to update your will in Ontario can be the difference between your estate being distributed as you intended and a situation that your family has to sort out in court. This article covers the life events that should prompt an immediate review — and some legal rules that may surprise you.

The General Principle: Review Your Will Every Few Years

Even if nothing dramatic has changed, a will more than five years old is worth reviewing. Laws change, your asset mix changes, the people you named as beneficiaries or estate trustees may have moved, had falling-outs, or died. A periodic review — ideally with your lawyer — keeps the document aligned with your current situation.

That said, certain life events demand an immediate review rather than a routine one.

Marriage

As of writing: Ontario amended its law so that marriage no longer automatically revokes a will made before the marriage. Previously, getting married wiped out any existing will, leaving the testator intestate. That rule has been changed — but because this is a significant legal shift that some people are unaware of, always verify the current state of the law with your lawyer, particularly if your will was made before the amendment came into force.

Even if your existing will is not automatically revoked by marriage, it almost certainly does not reflect your new circumstances. If you made a will while single and have since married, your will likely names former beneficiaries, old friends, or family members in roles your spouse should now occupy. Your estate plan should be rebuilt around your life as it now is.

A will made in contemplation of a specific marriage can be structured to survive that marriage — your lawyer can advise on how to do this properly.

What to do: After marriage, review your will with a lawyer. Update beneficiaries, the estate trustee appointment, and any trusts to reflect your new family situation. Also update beneficiary designations on registered accounts and insurance.

Separation and Divorce

Separation and divorce each have distinct effects on your will in Ontario.

Separation

Separation alone — even a lengthy one — does not affect your will. If you are separated but not divorced, your spouse remains your spouse in law. Your will, your beneficiary designations, and potentially your rights under the Family Law Act all continue to be affected by the marital relationship. If you do not want your separated spouse to benefit from your estate, you need to update your will (and your beneficiary designations) promptly.

Divorce

Under the Succession Law Reform Act, gifts to a former spouse and the appointment of a former spouse as estate trustee are revoked upon divorce. Effectively, the former spouse is "read out" of the will. However, the rest of the will remains valid. If you had named your former spouse as your primary beneficiary and estate trustee, removing them leaves your estate without a clear beneficiary or executor — which is not a good outcome.

What to do: As soon as separation begins, review your will. Do not wait for divorce to take effect. Update beneficiary designations on RRSPs, TFSAs, life insurance, and pension plans — these are not automatically affected by divorce and will still pay out to a named ex-spouse unless you change them.

Having or Adopting a Child

The birth or adoption of a child is one of the strongest triggers for a will review. There are two key considerations:

Guardianship

Your will is the primary place to name a guardian for your minor children if both parents were to die. Without a named guardian, the court decides who raises your children. Most parents have strong preferences about this. The will allows you to express that preference — though the court has the final word (see our companion article on guardianship for more detail).

The Child's Inheritance

Your existing will may not include your new child at all. If it does, it may leave them money outright at 18 — which many parents consider too young for a large inheritance. A will made after the birth of a child (or updated for a new child) should include:

• An explicit gift to the child
• A testamentary trust holding the funds until the child reaches a more mature age (25 or 30 are common choices)
• Backup provisions for what happens if the child predeceases you

Ontario courts can sometimes find an implied intention to benefit an after-born child, but relying on judicial interpretation is far less reliable than simply updating the will.

Other Life Events That Warrant a Review

Marriage, divorce, and new children are the most consequential triggers, but they are not the only ones:

Death of a Named Beneficiary or Estate Trustee

If someone named in your will has died, you need to update it. A lapsed gift (a gift to someone who predeceased you) may fall into the residue of the estate or, if it was a residuary gift itself, may result in partial intestacy. An estate trustee who has died cannot act.

A Major Change in Assets

If you acquire significant new assets — a business, a property, an inheritance — your existing will may not deal with them properly. This is especially important if you have a multiple-will structure, where asset allocation between wills must be reviewed whenever significant new assets are acquired.

Moving to or from Ontario

If you move from another province or country, or if you own property in multiple jurisdictions, your will may need to be reviewed for compliance with the laws of each place.

Significant Relationship Changes

A falling-out with a named beneficiary or estate trustee, a child's divorce (which could expose their inheritance to matrimonial property claims), or the incapacity of a named trustee are all reasons to revisit the will.

Change in Tax Position

Major changes to the value of your estate, the acquisition of significant registered assets, or a change in your business structure can all affect the tax efficiency of your estate plan.

How to Update Your Will

A will is updated either by:

1. Codicil — a separate document that amends specific provisions of the existing will. Codicils must be executed with the same formalities as a will (signed in the presence of two witnesses). They are generally suitable only for minor changes.

1. New will — a completely new will that expressly revokes the previous one. For significant changes, a new will is almost always the better approach. It avoids the confusion of trying to read two documents together.

Never cross out provisions or write changes directly on your will. Handwritten alterations to a typed will can cause serious problems and may not be given legal effect.

Frequently asked questions