Wills After a Second Marriage in Canada

Last updated July 5, 2026 · 5 min read
Quick answer
A second marriage in Canada has significant Will implications. Manitoba and the Atlantic provinces still revoke prior Wills automatically when the testator marries; British Columbia, Alberta, Saskatchewan, and Ontario have all abolished that rule. Without a new Will where the revocation rule applies, intestacy applies — typically giving most or all to the new spouse, potentially leaving children from the first marriage with less than the testator wanted. New Will after second marriage should balance — spouse's right to support, biological children's expectations, stepchildren's inclusion (or not), and existing pre-nuptial or cohabitation agreements. Common structures — spousal trust (income to spouse for life, capital to biological children on spouse's death); specific cash bequests to children with residue to spouse; defined percentages. Specific provincial dependant relief rules apply.

A second marriage in Canada complicates estate planning more than people often realize. New spouse, biological children from prior relationships, stepchildren, and ex-spouse rights all need to be addressed.

First fact — whether marriage revokes your Will depends on the province

The rule is no longer uniform across the country, and it has shifted in the last fifteen years:

  • Alberta: Marriage no longer automatically revokes prior Wills (Wills and Succession Act, in force since February 2012)[3]
  • Saskatchewan: Marriage no longer automatically revokes prior Wills (Wills Act, 1996, amended effective March 16, 2020 — not retroactive, so a Will already revoked by a pre-2020 marriage stays revoked)[4]
  • Manitoba: Marriage still revokes prior Wills
  • Ontario: Marriage no longer automatically revokes Wills (changed for marriages on or after January 1, 2022); but new circumstances often warrant update
  • Atlantic provinces (New Brunswick, Nova Scotia, Newfoundland and Labrador, Prince Edward Island): Marriage generally still revokes prior Wills; specific provincial rules

Exception — British Columbia:

  • WESA (Wills, Estates and Succession Act, 2014): Marriage does NOT automatically revoke prior Wills in BC[2]

Practical effect: In Manitoba and the Atlantic provinces, if you marry without making a new Will, your prior Will is gone and intestacy applies. In BC, Alberta, Saskatchewan, and Ontario, an old Will survives the marriage — but it may still name the wrong people and should be reviewed regardless.

What intestacy means for blended families

Provincial intestacy rules (typical pattern):

  • Spouse receives preferential share (varies by province: $50,000-$300,000+)
  • Spouse plus children: spouse takes preferential share + portion of remainder; children share remainder
  • Common pattern: spouse takes substantial majority

For blended family: New spouse often takes the bulk of estate; biological children from first marriage may receive substantially less than intended.

Example: Husband dies intestate with new wife (3 years married) and two adult children from first marriage. Estate $500,000. Under typical intestacy:

  • Wife receives preferential share (varies; let's say $200,000) + 1/3 of remainder ($100,000) = $300,000
  • Children split remaining 2/3 of remainder ($200,000) = $100,000 each

The two children expecting half each ($250,000) instead get $100,000 each. Common second-marriage outcome.

Common Will structures for second marriages

Structure 1 — Spousal trust (life interest)

Will establishes a trust:

  • Spouse receives income from trust assets for her lifetime
  • Capital preserved
  • On spouse's death, capital passes to biological children

Advantages:

  • Spouse supported throughout life
  • Children's inheritance protected
  • Specific tax treatment (qualifying spousal trust under Income Tax Act allows tax-deferred rollover)

Disadvantages:

  • More complex (trust administration)
  • Spouse only receives income, not capital
  • Specific drafting required
  • Costs: trustee fees, accounting

Structure 2 — Specific bequests + residue to spouse

Will makes specific cash bequests to children, then residue to spouse:

  • Children receive defined amounts (e.g., $100,000 each)
  • Spouse receives everything else

Advantages:

  • Simpler structure
  • Children get specific amounts immediately
  • Spouse benefits from residue

Disadvantages:

  • Children's share may be inadequate
  • Spouse retains capital that may eventually pass to spouse's heirs (not testator's children)

Structure 3 — Defined percentages

Will specifies percentages:

  • "50% to spouse, 25% to each child"
  • Or "60% to spouse, 40% to children in equal shares"

Advantages:

  • Simple
  • Clear

Disadvantages:

  • May not match financial needs over time
  • Spouse may need more than allocated for living

Structure 4 — Marriage contract + simpler Will

Pre-nuptial or post-nuptial agreement defines:

  • Property rights during marriage
  • Spousal support entitlements
  • Estate intentions

Will then implements per the contract.

Advantages:

  • Comprehensive framework
  • Both parties knowingly entered into arrangement
  • Reduces disputes

Disadvantages:

  • Cost (lawyer-drafted)
  • Requires both parties' agreement
  • Specific provincial family law requirements

Specific issues in second marriages

Stepchildren

Default: Stepchildren do NOT inherit under intestacy in most Canadian provinces. They're not blood relatives and were not formally adopted.

To include: Name specifically in Will. "I leave $50,000 to my stepson [name]."

To exclude: No specific action needed; default excludes them.

If you raised stepchildren: Some provincial dependant relief statutes may give stepchildren standing if they were financially dependent (varies by province).

Ex-spouse and prior obligations

Prior spousal support obligations may continue regardless of new marriage. Specific to support order terms.

Life insurance designations: If ex-spouse is still designated beneficiary on a policy, that designation typically continues unless updated. Update immediately after divorce and new marriage.

Beneficiary designations on registered accounts: Similarly check RRSP, TFSA, pension.

Children of first marriage

Their expectations may be high — they had years of presumed inheritance before the second marriage. Common dispute area.

Best practice:

  • Discuss with children before/during second marriage when possible
  • Document intent clearly in Will
  • Consider letter of wishes explaining the structure

House from first marriage

If a house was owned during first marriage, ownership and inheritance complexity is significant:

  • Joint with first spouse (now deceased) may have right of survivorship
  • Significant family connections
  • Children may have emotional and financial expectations
  • Specific to property law and estate planning

What to do in practice

Before remarrying:

  • Discuss financial expectations with new spouse
  • Consider marriage contract
  • Identify potential conflicts with biological children
  • Discuss with biological children if circumstances permit

Shortly after marrying:

  • Make a new Will (in Manitoba and the Atlantic provinces, this is necessary because marriage revoked the prior Will; elsewhere it is still strongly recommended even though the old Will technically survives)
  • Update beneficiary designations
  • Update Power of Attorney documents
  • Update advance directive

Update over time:

  • Major life events
  • Significant asset changes
  • Changes in family dynamics

What we focus on at It's Simple Will

The Will Creator handles second marriage scenarios with provisions for multiple beneficiary classes (spouse, biological children, stepchildren), percentage-based distribution, and specific bequests. For spousal trust structures, consultation with a Canadian lawyer is appropriate.

Citations & sources

  1. [1]Canadian Bar Association — Wills, Estates and Trusts Section — Canadian Bar Association
  2. [2]Wills, Estates and Succession Act and probate rules — 2014 and 2021 amendments — Government of British Columbia
  3. [3]Wills and Succession Act, SA 2010, c W-12.2 — marriage no longer revokes a prior will — Vest Estate Lawyers (guide to the Alberta Act)
  4. [4]The Wills Act, 1996 amendment (in force March 16, 2020) — marriage/cohabitation no longer revokes a will in Saskatchewan — Robertson Stromberg LLP

Frequently asked questions

Does marriage revoke my Will?

It depends on the province. Manitoba and the Atlantic provinces still automatically revoke a prior Will on marriage. British Columbia, Alberta, Saskatchewan, and Ontario have all abolished automatic revocation on marriage (BC since WESA came into force in 2014; Alberta since 2012, Ontario since January 2022, and Saskatchewan since March 2020). Where the rule still applies and you marry without making a new Will, you are effectively intestate.

What happens if I die without a Will after second marriage?

Provincial intestacy law applies. Typically — spouse gets a preferential share plus a portion of remainder; children share remainder. Specific shares vary by province. Often the new spouse gets significant majority of estate; biological children from first marriage may receive less than testator intended.

How do I balance spouse and biological children?

Several approaches — spousal trust (spouse receives income for life, capital to children on spouse's death); specific bequests to children with residue to spouse; defined percentages to each; second-marriage prenup or postnup agreement specifying intent. Each has trade-offs and tax implications.

What's a spousal trust?

Will provision establishing a trust where spouse receives income for life; on spouse's death, capital passes to designated beneficiaries (typically biological children from first marriage). Allows spouse support without losing capital to spouse's heirs. Specific tax treatment under federal Income Tax Act spousal trust rules.

Should we have a marriage contract or cohabitation agreement?

Often valuable for blended families. Defines specific property rights, debts, spousal support, and inheritance expectations. Particularly important if either party has significant pre-marriage assets. Specific provincial family law applies.

What about stepchildren?

Stepchildren do NOT automatically inherit under intestacy in most Canadian provinces — provincial law typically requires biological or adopted relationship. To include stepchildren, name them specifically in your Will. To exclude, no specific action needed (silence excludes them by default).

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