Divorcing in Ontario?

Your Will Didn’t Get the Memo

By Mirjana (Mira) Markovic

Divorce is exhausting. There are lawyers, forms, emotions, and the occasional realization that you now own half a dining table. Somewhere between dividing assets and figuring out Netflix passwords, one important document is often forgotten: your Will.

No, it does not magically update itself just because your marriage didn’t work out.

The Good News (Because There is Some)

Ontario law does you one small favour. Once your divorce is finalized, the Succession Law Reform Act[1] automatically revokes any gifts in your Will to your ex-spouse. In legal terms, your ex-spouse is treated as though they predeceased you.

Sounds comforting, right? Not so fast.

The Catch (There is Always a Catch)

Only gifts are revoked. Everything else may remain painfully intact, including:

• Your ex-spouse as Executor.
• Your ex-spouse as Trustee for your children.
• Your ex-spouse as Guardian.
• Your ex-spouse is included in vaguely worded clauses referring to “my spouse.”
• A Will that does not make sense.

So, while your ex-spouse might not inherit your house, they could still be administering your estate. (Awkward!).

So, When Should You Change Your Will?

Short answer: immediately after your divorce is finalized.

Before that point, things are still fluid—property division, support obligations, and asset ownership may not yet be settled. Once the divorce is legally effective, that’s your moment to strike.

Think of it as the legal equivalent of deleting your ex-spouse from your phone contacts—necessary, overdue, and deeply satisfying.

But Wait—Your Will is Not the Only Culprit

Here is where many people get caught off guard.

A divorce in Ontario does not automatically change:

• Life insurance beneficiaries.
• Registered accounts such as RRSPs, RRIFs, and TFSAs.
• Pensions.
• Powers of Attorney.

Translation? Your ex-spouse could still receive a significant payout while your updated Will politely looks on in horror (True Story).

The Smart Post-Divorce Estate Update Checklist

1.         Will and Powers of Attorney

a) Update Your Will (as soon as the divorce is finalized)

Even though Ontario law revokes gifts to an ex-spouse automatically, do not rely on that alone.

Update:

• The Executors.
• Trustees.
• Beneficiaries.
• Guardianship provisions for minor children, if applicable.
• Trust provisions for children, if applicable.
• Any clauses referring to “my spouse” or joint planning.
• Business interests, if applicable. Ensure your Will does not conflict with your Corporate Documents.

This matters because automatic revocation can create partial intestacy or outcomes you never intended.

            b) Update Your Powers of Attorney (critical)

A divorce does not automatically revoke these documents. (Beware!).

Update immediately if your ex-spouse is named a Power of Attorney for Property and Power of Attorney for Personal Care.    Try to change the said documents before you update your Will if your ex-spouse is named.

2.         Financial and Beneficiary Designations

            a) Life Insurance

Review beneficiary designations, change beneficiaries if your ex-spouse is named, and confirm ownership of policies, as some are required under separation agreements. As life insurance passes outside the Will, your ex-spouse could still receive proceeds if not updated.

            b) Registered Accounts

Be kind to yourself, check and update the beneficiaries to your RRSPs, RRIFs, TFSAs, pensions/LIRAs, if you do not wish for your ex-spouse to continue as a beneficiary.

3.         Property and Ownership

            a) Real Estate

Review how you and your ex-spouse have taken title to properties you have owned during your marriage. You may be scared now and thinking, “How do I do that?” Simple. Connect with your savvy lawyer to pull the PINs for your properties and check for you.

Confirm any transfers required by your separation agreement that your lawyer lost sleep over drafting, and ensure that your Will aligns with any post-divorce ownership.

b) Joint Accounts and Assets

Check all of your accounts and confirm what joint accounts you may have with your ex-spouse and either close or sever them and remove any signing authority, if required.

4.         Final Housekeeping

            a) Digital and Personal Assets

Update digital asset instructions, change emergency contacts, and review stored passwords and access lists.

The Take Away

Ontario law gives you a partial safety net, not a clean slate. If you have been following so far, it should be clear to you that divorce in Ontario automatically revokes gifts to your ex-spouse in a Will, but that is it. Everything else remains the same unless you change it. So, change it.

If you rely solely on automatic revocation, your estate plan may end up like your marriage: unfinished, confusing, and more expensive than expected.

The Time Map

• One divorce is finalized, immediately review your estate plan and update your Will.
• Change your Power of Attorney as soon as you can if your ex-spouse is named, before the divorce is finalized, if possible.
• Do not delay reviewing beneficiary designations and making the appropriate revisions.

Before We Sign Off

Divorce ends a relationship. Updating your Will ends legal loose ends, which is one breakup that you can actually finish properly.

This isn’t about bitterness. It’s about clarity, control, and preventing future legal messes.

Lastly, remember to call your law-savvy confidant before you make any decisions because divorce is complicated, estate planning is personal, and Ontario law has options.

I hope that this article has provided you with some helpful information. If you have any questions, please do not hesitate to contact me directly at mira@sorbaralaw.com