Legal Question in Wills and Trusts in Canada

Divorced? Do you have to change your Will?

If someone has a Will in place while married and then goes through a Divorce, Does that person need to go back to thier lawyer and change the Will taking the spouse out of the Will? Or does it become void once the Divorce is finalized?

This is just a question so that I can let a friend know what she must do if anything at all.


Asked on 5/26/06, 7:15 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Divorced? Do you have to change your Will?

If you divorce it is always wise to change your will. You must consider the terms of any property agreement made by you and accomodate the provisions of it. In some jurisdictions the law voids a will on the finalization of a divorce. In others, the law is silent. I know of cases where after a bitter property dispute the ex-spouse did not change the will and the survivor ex-spouse inherited all the property they had been fighting about.In Alberta you must change your will to protect yourself. Give your Wills lawyer a copy of the divorce agreement and other relevant property records.

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Answered on 5/26/06, 7:47 pm


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