Marriage will no longer revoke a Will!

May 7th, 2021  |  Estate Planning

A new law in Ontario will bring some important changes for Wills and Estates. Bill 245 has received Royal Assent but will not come into force until at least January 1, 2022.

The new law will make several substantial changes affecting Wills and Estates, including repealing the longstanding rule in the Succession Law Reform Act that getting married automatically revokes your Will. A further change is that spouses that have been separated for three years or more, but not divorced, will no longer be able to claim against each other’s estates, whether there is a will or not.

If you get married, you will no longer be able to assume that your old will has been invalidated. If you are separated and still want to leave something to your ex-spouse, your Will may need a revision. If you are divorced and remarried, you should be aware that your old Will could still be in effect! If you have a concern or question, ask your Thunder Bay Wills and Estates lawyer to review your Will to see if this new law applies to your situation.