Legal marriage invalidates any Will that predates the marriage. Separation and/or divorce does not invalidate an existing Will.
A Will can be made at any time and changed at any time provided that the person making the Will has the legal capacity to do so. To ensure your final wishes are honoured, be sure that you have a valid Will and keep it up to date.
Since a person’s arrangements with respect to his or her estate may be impacted by a family law order or agreement, it is important to ensure that any Will made after such an order or agreement complies with the terms set out in the order or agreement with respect to any estate obligations. A failure to do so may result in complications, issues and additional costs to administer the estate after death.
Separation and divorce do not automatically change or invalidate beneficiary designations, including but not limited to beneficiaries named for insurance and Registered Retirement Savings Plans (RRSPs).
Normally, beneficiary designations must be changed in writing and it may not be enough to indicate a contrary intention in your Will. Be sure to check to ensure that beneficiary designations are up to date and reflect your intentions in the event of your death.
If you think you may need some guidance, please reach out to us and speak with one of our professionals.
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