How Does Divorce or Separation Affect Your Will and Estate? 

Many people believe that getting divorced in Ontario automatically cancels their will. This is not true. While a divorce does change your will in some important ways, it does not erase it entirely.  If you don’t take action after a separation or divorce, your estate plan may no longer reflect your wishes, potentially causing confusion, disputes, or even expensive litigation.   
  1. Your Former Spouse Is “Written Out” of the Will 
Under Ontario’s Succession Law Reform Act, once your divorce is finalized, the law treats your former spouse as though they passed away before you. This means that: 
  • Any gifts or bequests you left to your ex-spouse are automatically revoked. 
  • Any role you assigned to them in your will such as executor, trustee, or estate trustee is cancelled. 
However, everything else in your will remains valid. This can create unexpected gaps or complications if your former spouse played a major role in your estate plan.     
  1. Potential Problems If Your Spouse Was a Key Part of Your Estate Plan 
If your former spouse was an executor, a trustee, or a major beneficiary, removing them could leave your estate without a clear executor or distribution plan. Without these roles filled, your estate may be left in limbo, forcing family members to go to court to determine: 
  • Who will be in charge of administering the estate. 
  • How your assets will be distributed if certain clauses no longer make sense. 
This kind of uncertainty can lead to costly estate litigation in Ontario, especially if multiple family members believe they are entitled to manage or inherit from your estate.   
  1. Separation vs. Divorce – Different Legal Effects on Your Will 
If you are separated but not yet divorced, your will continues to operate exactly as written. This means that your separated spouse could still inherit under your will and act in any role you have assigned to them, unless: 
  • You have been separated for more than three years; or 
  • You have signed a formal separation agreement that meets legal requirements. 
In either of these cases, Ontario law will generally treat your separated spouse in the same way as a divorced spouse when it comes to your will.  However, this is not automatic in every circumstance, and it is always safer to update your will immediately after separation to ensure your wishes are followed.   
  1. Divorce Does Not Change Your Beneficiary Designations 
One of the biggest misunderstandings about estate planning after divorce is the belief that divorce automatically changes beneficiary designations on registered accounts or insurance policies. In Ontario, divorce does not automatically update the following: 
  • RRSPs (Registered Retirement Savings Plans) 
  • RRIFs (Registered Retirement Income Funds) 
  • TFSAs (Tax-Free Savings Accounts) 
  • Pension plans 
  • Life insurance policies 
  • Powers of Attorney for property or personal care 
If your former spouse is still listed as the beneficiary on these accounts, they could inherit the funds directly, even if your will says otherwise. Beneficiary designations take precedence over your will when it comes to these assets.  To make sure your intentions are honoured, you must contact each financial institution or insurance provider to update the beneficiary designations. For Powers of Attorney, you will need to sign new documents.   
  1. Why You Should Update Your Will Immediately After Divorce or Separation 
While Ontario law makes some automatic adjustments to your will upon divorce, these changes are not enough to fully protect your estate or ensure your wishes are carried out. Without taking proactive steps, your former spouse could: 
  • Still benefit from certain assets. 
  • Remain named as a beneficiary on accounts and policies. 
  • Cause confusion in estate administration if roles are left unfilled. 
By updating your will and beneficiary designations promptly after separation or divorce, you can: 
  • Choose a new executor you trust. 
  • Ensure your assets go to the right beneficiaries. 
  • Prevent unnecessary disputes and delays in the estate settlement process.
  1. Protecting Your Estate in Ontario – Get Legal Advice 
Estate planning after divorce or separation in Ontario is complex. Small oversights can have big consequences for your loved ones. Whether you are in the middle of a divorce, recently separated, or already divorced, it is critical to: 
  • Review your current will to see how the divorce changes affect it. 
  • Update beneficiary designations for all registered accounts and insurance policies. 
  • Revisit Powers of Attorney for property and personal care. 
  • Seek advice from an Ontario estate lawyer who understands both family law and wills and estates law. 
At Derfel Estate Law, we help clients across Ontario resolve estate disputes.  We handle cases where family members disagree over wills, inheritances, or the administration of an estate. Our goal is to protect your rights, find practical solutions, and, when necessary, litigate in court.   

Frequently Asked Questions (FAQs) About Wills and Divorce in Ontario 

 
  1. Does divorce automatically revoke a will in Ontario? 
No. Divorce does not cancel your will in Ontario. It only removes your former spouse from any roles (such as executor) and revokes any gifts you left them. All other parts of your will remain valid.   
  1. Can my ex-spouse still inherit from my estate if we are only separated? 
Yes — unless you have been separated for more than three years or have a formal separation agreement, your separated spouse could still inherit under your will.   
  1. Do I need to update my beneficiary designations after divorce? 
Absolutely. Divorce does not change the beneficiaries on your RRSP, TFSA, life insurance, or pension. You must update them directly with the financial institution or insurer.   
  1. What happens if I don’t update my will after divorce? 
Your estate plan could be incomplete or unclear, leading to delays, disputes, or court battles among your heirs.   
  1. How soon after divorce should I update my will? 
Immediately. The sooner you update your will and estate plan after separation or divorce, the better you can protect your assets and loved ones.

Contact Derfel Estate Law today to discuss how divorce or separation can affect your will, beneficiary designations, and estate planning in Ontario. Taking proactive steps now can prevent costly legal disputes later.