Updating Your Will After Marriage, Divorce, or Children

By:

Amanda Willing

On

26/10/2025

Reading time:

5 min

Summary:

Life moves fast — and your Will needs to keep up. Whether you’ve just said “I do,” gone through a separation, or welcomed a new child, these milestones can change how your estate is handled in ways many people don’t realize. With Ontario’s new rules around marriage and Wills, keeping your estate plan current is more important than ever. Here’s what you need to know about updating your Will after marriage, divorce, or children — and why a quick review now can save your loved ones from confusion later.

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Life changes — and your Will should change with it. Many people prepare a Will once and assume it will stand the test of time. But your personal, financial, and family circumstances can shift dramatically throughout your life. Marriage, divorce, or the birth of children are major milestones that carry important legal implications for your estate plan.

At Willing Law, we often meet clients who are surprised to learn how these changes affect their Wills — and how a quick review can prevent major issues down the road.

After Marriage

As of January 1, 2022, marriage no longer automatically revokes a Will in Ontario.

This means that if you made your Will before getting married, it’s still valid — but that doesn’t mean it’s up to date. Many individuals forget to include their new spouse, update executors, or adjust beneficiaries to reflect blended families and shared assets.

For marriages that took place before January 1, 2022, the old rule still applies: your Will was revoked upon marriage unless it was made “in contemplation of marriage.”

Why this matters

Even though your Will remains valid under the new law, it’s crucial to review it after marriage to ensure it reflects your current wishes, financial goals, and family structure.

After Separation or Divorce

Divorce doesn’t revoke your entire Will, but it does revoke any gifts or executor appointments made in favour of your former spouse. This means your ex-spouse won’t inherit under your Will or act as your estate trustee, unless the Will states otherwise.

However, separation — even if long-term — does not automatically change your Will. If you’re separated but not divorced, your ex-partner may still inherit or have authority unless you update your Will.

Updating your Will after separation or divorce allows you to:

  • Remove your former spouse as a beneficiary or executor

  • Reassign responsibility for your estate to someone you trust

  • Reflect new relationships or financial realities

After Having Children

The arrival of a child — whether by birth or adoption — is one of the most important reasons to revisit your Will. Parents should:

  • Appoint guardians for minor children

  • Create trusts to manage inheritance responsibly

  • Update beneficiaries to include all children equally

Failing to make these updates can lead to unnecessary court involvement and stress for your family.

When to Review Your Will

A good rule of thumb: review your Will every 3–5 years or whenever a significant life event occurs, including:

  • Marriage or divorce

  • Birth or adoption of a child

  • Change in financial circumstances or property ownership

  • Death of a beneficiary or executor

  • New business interests or investments

Your Will is more than a legal document — it’s a reflection of your life and priorities. Keeping it updated ensures that your loved ones are protected and your wishes are clear.

At Willing Law, we make estate planning simple, efficient, and customized to your circumstances. Whether you’re newly married, recently divorced, or growing your family, we can help you update your Will with confidence.

📞 Contact Willing Law today to review your estate plan and ensure it grows with you.