Will Validity After Marriage, Divorce, and Separation in Alberta
Many Albertans assume that getting married, separated, or divorced automatically changes their Will. In most cases, it does not.
This misunderstanding can leave families facing unexpected legal disputes and distributions that no longer reflect the deceased's wishes. Understanding how marriage, divorce, and separation affect your Will is an important part of proper estate planning.
At Wiebe Law, we help clients throughout Alberta prepare and update Wills to ensure their estate plan reflects their current circumstances.
Will Validity After Marriage in Alberta?
Does marriage revoke a will in Alberta? No.
Under Alberta's Wills and Succession Act, getting married does not revoke an existing Will.
This is a significant change from Alberta's former law. Prior to February 1, 2012, marriage generally revoked an existing Will unless it was made in contemplation of that marriage. The current legislation abolished that rule.
As a result:
A Will signed before marriage generally remains valid after marriage.
Your spouse does not automatically become a beneficiary or executor simply because you married.
Your estate will be distributed according to the terms of your existing Will unless you make a new one.
Should You Update Your Will After Marriage?
Usually, yes.
Marriage is one of the most important life events affecting your estate plan. Even though your existing Will remains legally valid, it may no longer reflect your wishes.
After getting married, you should review:
your executor appointment;
beneficiaries;
guardians for minor children;
trusts for children;
alternate beneficiaries; and
powers of attorney and personal directives.
Many newly married couples choose to prepare new Wills together.
Does Divorce Revoke a Will in Alberta?
Not entirely.
Divorce does not invalidate your entire Will.
Instead, the Wills and Succession Act generally treats a former spouse as though they died before you.
Unless your Will expressly provides otherwise:
gifts to your former spouse fail;
your former spouse can no longer act as executor or trustee; and
substitute beneficiaries named in your Will may inherit instead.
The remainder of your Will continues to operate.
Example
Suppose your Will leaves:
everything to your spouse;
if your spouse dies first, everything to your children.
If you later divorce and never update your Will, Alberta law generally treats your former spouse as having died before you. As a result, your children would usually inherit your estate instead.
Does Separation Affect a Will in Alberta?
This is where many people are surprised.
Separation alone generally does not revoke gifts to a spouse.
If you are separated but not divorced:
your Will usually remains unchanged;
your separated spouse may still inherit under your Will; and
your separated spouse may still act as executor if appointed.
This often produces results that the deceased never intended. For example, someone may separate from their spouse for several years, begin a new relationship, and even purchase a new home. If they die before obtaining a divorce or updating their Will, their separated spouse may still inherit under the existing Will.
What If You Never Made a Will?
If you die without a valid Will, Alberta's intestacy rules determine who inherits your estate.
Depending on your family circumstances, your spouse, adult interdependent partner, children, or other relatives may inherit under the Wills and Succession Act.
The outcome may differ significantly from what you would have chosen yourself.
When Should You Update Your Will?
You should review your Will whenever you experience a major life event, including:
getting married;
beginning or ending an adult interdependent partnership;
separating;
divorcing;
having children or grandchildren;
purchasing significant assets;
starting a business;
moving to Alberta; or
receiving a substantial inheritance.
Even if your existing Will remains legally valid, updating it can prevent disputes and ensure your estate is administered according to your current wishes.
Frequently Asked Questions
Is my Will still valid after marriage in Alberta?
Yes. Marriage does not revoke an existing Will in Alberta.
Does divorce cancel my entire Will?
No. Divorce generally revokes gifts and appointments in favour of a former spouse, but the remainder of the Will continues to operate.
Does separation revoke my Will?
Generally, no. Separation alone does not revoke gifts to a spouse or remove them as executor.
Should I make a new Will after getting divorced?
In most cases, yes. Although Alberta law provides some protection after divorce, preparing a new Will ensures your estate plan reflects your current intentions.
Need Help Updating Your Will?
Life changes should be reflected in your estate plan. Whether you have recently married, separated, or divorced, reviewing your Will can help avoid uncertainty and costly disputes for your loved ones.
Wiebe Law assists clients across Alberta with:
Wills
Estate planning
Enduring Powers of Attorney
Personal Directives
Probate and estate administration
Estate litigation
If you would like to review or update your Will, contact Wiebe Law to schedule a consultation.
This post is for general information only and is not legal advice. Estate and executor issues are fact-specific. For advice tailored to your specific situation, contact us to book a free consultation.
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