1. Review after major life changes

You should review your will when you go through a major life event to make sure it still says what you want to happen when you die.

Getting married

Before January 1, 2022, your will was automatically revoked when you got married. This means that it was no longer valid. It was as if you never made a will.

So, if you made a will and then got married before January 1, 2022, your will is no longer valid. You need to make a new will.

Starting January 1, 2022, this no longer happens.

This means if you made a will and then got married on or after January 1, 2022, your will is still valid.

Getting divorced

Getting divorced does not revoke your entire will. But if you left any property for your divorced partner, they do not get it.

That property instead goes to the person who gets it if your divorced partner died before you. Or it becomes part of the residue of your estate.

Separating from your married partner

The law used to treat married partners the same whether they were together or separated. They could get their share of the surviving partner's estate.

This changed on January 1, 2022. Since then, if you're married, your partner gets nothing from your estate if one of the following is true:

• You separated on or after January 1, 2022. And you had been separated for at least 3 years, and were still separated, before you died.
• You're separated, and you got a separation agreement, arbitration agreement, or court order that resolves all your family law issues on January 1, 2022, or later.

If you're separated from your married partner but you still want them to get your property when you die, talk to a lawyer.

Becoming a parent or starting a common-law relationship

It's a good idea to change your will or make a new one if you:

• are going to be a parent
• become a parent
• start or end a common-law relationship

If you do not include a dependant in your will, such as a child or common-law partner, they can ask the court for support from your estate.

A dependant is a person you were supporting financially before you died or a person the law says you must support.

The changes in estates law that started on January 1, 2022, do not affect common-law partners. If you left something in your will to your common-law partner, they still get what you left them if you separate.

Designated beneficiaries

Getting separated or divorced does not change any designated beneficiary you have on your:

• registered investments such as a registered retirement savings plan (RRSP) or tax-free savings account (TFSA)
• pensions
• insurance policies

When your situation changes, it's a good idea to review your designated beneficiaries.