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Did you know?

Revocation of Provisions: After divorce, many jurisdictions automatically revoke any provisions in your will that pertain to your former spouse. This means gifts, appointments, or roles designated for your ex-spouse are typically considered void.
Distribution of Assets: Divorce often necessitates a review and reallocation of assets in your will. You may want to reassign assets or gifts that were initially intended for your ex-spouse to other beneficiaries, such as children or family members.
Guardianship of Children: If you have minor children, it's crucial to designate an alternative guardian in your will if your former spouse is no longer your preferred choice. This ensures your children are cared for by the person or family member you designate in case of your passing.

Useful resources

Ontario Ministry of the Attorney General - Estate Planning

Wills FAQ

What happens to my will if I get divorced?

When you get divorced, any provisions in your will that pertain to your former spouse are generally revoked in many jurisdictions. It's important to update your will to reflect your current wishes and beneficiaries.

Can I change my will during divorce proceedings?

You can update your will during divorce proceedings, but it's advisable to do so with caution. Consult with a legal professional to ensure that your changes align with the legal requirements in your jurisdiction and that you don't inadvertently disrupt the divorce process.

What if my ex-spouse is still listed as the executor of my will?

If your former spouse is designated as the executor of your will, it's wise to consider appointing a new executor after divorce. The executor is responsible for managing your estate, and you may prefer someone other than your ex-spouse to fulfill this role.

What happens if my ex-spouse is named as a beneficiary in my will?

In many cases, divorce automatically revokes any gifts or provisions for your ex-spouse in your will. It's crucial to review and update your will to ensure your assets are distributed according to your new wishes and beneficiaries.

How can I ensure my children are protected in my will after divorce?

If you have minor children, it's essential to designate a guardian in your will who will care for them if you pass away. This should be someone you trust and who aligns with your current parenting plans, especially if your ex-spouse is no longer your preferred guardian.

Do I need to update my will after a separation, or only after a divorce is finalized?

It's a good practice to update your will as soon as possible after a separation or divorce, even before the divorce is finalized. Your will should reflect your current intentions and beneficiaries to avoid any potential legal complications.

Can my ex-spouse challenge my will after my passing?

In some situations, an ex-spouse may attempt to challenge your will, claiming that they were inadequately provided for or that the will doesn't accurately reflect your wishes. To minimize the risk of such challenges, it's essential to have a clear and updated will that reflects your current intentions and beneficiaries.