Important Changes in Ontario Estate Law: Marriage No Longer Revokes Your Will

Until January 1, 2022, Ontario followed a long-standing rule that automatically revoked an existing will when a person got married. As a result, many individuals unknowingly lost the validity of their wills upon marriage and were left without an effective estate plan unless they created a new will afterward.

This changed with the passage of Bill 245, which repealed section 16 of the Succession Law Reform Act. Since the repeal came into force on January 1, 2022, marriage no longer automatically revokes a previously executed will in Ontario.

The reform was introduced in part to help protect vulnerable individuals from so-called “predatory marriages,” a growing concern as the population ages. Under the previous legislation, a marriage could unintentionally alter a person’s estate plan by invalidating an existing will, potentially creating opportunities for abuse.

Additional changes affecting spouses also came into effect on January 1, 2022. Under the new rules, if spouses are separated at the time of death, any gift left to the surviving spouse under a will is generally revoked. Similarly, when a person dies intestate (without a will) after a separation, the surviving spouse is no longer automatically entitled to share in the deceased’s estate as though the couple were still together.

These reforms reflect a significant modernization of Ontario’s estate laws and are intended to ensure that estate distribution more accurately reflects an individual’s intentions and family circumstances at the time of death.

If you have married or separated since making your will, contact me to review your estate plan.