Marriage and Your Will in Canada — Does It Revoke?
For Canadians getting married, one estate planning question matters immediately: does my existing will still apply? The answer depends on your province and is changing as provincial reforms move away from the traditional rule.
The traditional rule
Most Canadian provinces historically had a rule that marriage automatically revoked any existing will, unless the will explicitly contemplated the marriage. This rule dates to a time when marriage substantially changed family and financial circumstances and the law assumed a will needed updating.[1]
Recent reforms
Ontario. Repealed automatic revocation on marriage as of January 1, 2022 (sections 15 and 16 of the Succession Law Reform Act were revoked). Marriage no longer revokes wills in Ontario.[2]
Alberta. Repealed automatic revocation when the Wills and Succession Act came into force on February 1, 2012.
British Columbia. Repealed automatic revocation when the Wills, Estates and Succession Act came into force on March 31, 2014. A will already revoked by an earlier marriage was not revived.
Saskatchewan. Repealed automatic revocation effective March 16, 2020. Importantly, the change is not retroactive — a will revoked by a marriage or 24-month spousal cohabitation that happened before March 16, 2020 stays revoked.[3]
Other provinces. Manitoba, Prince Edward Island, New Brunswick, Newfoundland and Labrador, and Nova Scotia still have the traditional rule as of this writing. Check the current wills/succession legislation for your province, since this is an active area of reform.
What this means practically
If your province has repealed automatic revocation (Ontario, Alberta, British Columbia, Saskatchewan, and possibly others by the time you read this):
- Existing will remains in force after marriage
- New spouse not automatically named — depends on prior will
- Still update the will to reflect the new marriage
- In Saskatchewan, double-check the date: the repeal does not reach back to protect a will revoked by a marriage before March 16, 2020
If your province still has automatic revocation (currently Manitoba, PEI, New Brunswick, Newfoundland and Labrador, and Nova Scotia):
- Existing will is revoked on marriage
- Intestacy rules apply unless new will is created
- Critical to create new will after marriage
In both cases, the right action is the same: update the will after marriage. The difference is what happens if you don't.
Contemplation of marriage clause
In provinces where marriage revokes wills, a "contemplation of marriage" clause in the will preserves it through the marriage:
"This will is made in contemplation of my marriage to [Full Name]."
This clause is included by some testators planning to marry but executing the will before the wedding.
After marriage
Regardless of provincial rules:
- Update the will. New spouse typically as primary beneficiary or with specific provision.
- Update beneficiary designations. RRSPs, TFSAs, life insurance, employer pension.
- Update Powers of Attorney. Consider whether new spouse should be POA for property and personal care.
- Address joint property. Consider whether new joint accounts or property registrations are appropriate.
- Discuss with spouse. Estate plan alignment between spouses.
Common-law relationships
Generally don't have the same revocation effect — common-law formation doesn't typically revoke prior wills. But:
- New common-law partner may not automatically inherit
- Provincial common-law inheritance rules vary substantially
- Some provinces treat common-law partners similarly to spouses for inheritance; others don't
- Update the will explicitly to reflect the relationship
What we focus on at It's Simple Will
The will questionnaire supports easy updates after marriage. The will generated reflects current provincial rules including the recent reforms in Ontario, Alberta, British Columbia, and Saskatchewan.
Related guides
Citations & sources
- [1]Canadian Bar Association — Wills, Estates and Trusts section — Canadian Bar Association
- [2]Succession Law Reform Act, RSO 1990, c S.26, ss 15-16 (repealed 2022) — Government of Ontario
- [3]The Wills Act, 1996, SS 1996, c W-14.1 (amended 2020, non-retroactive) — Government of Saskatchewan
Frequently asked questions
Does marriage revoke my existing will?
Depends on province and date. Traditionally yes in most provinces; reformed away in recent years in several of them. Ontario (2022), Alberta (2012), British Columbia (2014), and Saskatchewan (2020, not retroactive) have repealed automatic revocation. Manitoba, PEI, New Brunswick, Newfoundland and Labrador, and Nova Scotia still have the traditional rule as of this writing. Check current provincial rules.
What about common-law relationships?
Generally do not have the same revocation effect. Common-law formation doesn't typically revoke prior wills. But common-law partner may not automatically inherit either — provincial rules on common-law partners in intestacy vary. Update the will explicitly.
What does 'in contemplation of marriage' mean?
A clause in the will stating that the will is made in anticipation of marriage to a specific named person. In provinces where marriage revokes wills, the contemplation clause preserves the will. Sample wording: 'This will is made in contemplation of my marriage to [Name].'
After marriage, what should I do?
Regardless of provincial rules, update the will explicitly. The new spouse should typically be named as primary beneficiary (or with specific bequests). Beneficiary designations on RRSPs/TFSAs/insurance also need updates.
What if I die without updating after marriage?
Depends. If provincial rule revoked the prior will: intestacy rules apply. If province has no revocation: prior will governs (but may give nothing to current spouse, who could pursue dependant's relief or other remedies).
What about prenuptial agreements?
Separate from the will. Prenup governs property division on divorce or death; the will governs estate distribution. Both should align. Inconsistencies create disputes. Coordinate prenup and will when both exist.