A Divorce Can Have An Effect On Your Existing Will
August 14, 2018
Your existing Will is invalid if you marry after the Will is entered into. The exception to this rule is if you are able to prove that the Will was made in contemplation of an upcoming marriage.
The Will MUST contain a sentence referring to the contemplating marriage and naming your soon to be spouse. Without a statement like, "This Will is made in contemplation of my upcoming marriage to John or Jane Doe," the Will is automatically revoked when the marriage occurs, unless you make a new one.
When a person dies without a Will, it is called "intestory". If an intestory occurs, your beneficiaries (spouse and/or children) have their rights and gifts, if any, determined by the Superior Court of Ontario in accordance with the provisions contained in the Succession Law Reform Act, which means your wishes are not given regard, the rules under the Act prevail.
So if you marry make sure you plan to have a new Will as part of your wedding plans, either prepared in contemplation of marriage. If you have married don't forget to have your lawyer prepare a new Will.