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Will After Divorce Ontario

Did you know marriage revokes your will in Ontario? After divorce, your will needs updating. Learn what changes and how to protect your estate. Lexaltico LLP.

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Frequently Asked Questions

Does my will get revoked if I divorce in Ontario?

No—divorce does not automatically revoke your will in Ontario. However, any gifts to your ex-spouse in the will are treated as void, as if your ex predeceased you. If your ex was your executor or guardian for children, they're automatically removed. After divorce, update your will immediately to prevent confusion and make clear your post-divorce intentions. For example, if your ex-spouse was designated beneficiary of life insurance or your estate, you should update these designations. A new will is best practice after divorce.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, s. 15(1)

What happens to my children in my will after divorce?

Your will's guardianship provisions for minor children become void if conditions change (you remarry, the named guardian dies, custody changes). After divorce, update your will to confirm or change guardianship for any minor children. If you remarry and new custody orders are in place, update again. Your ex-spouse doesn't automatically gain rights to be guardian simply because your will is outdated—but unclear provisions cause family conflict. Make your intentions crystal clear in an updated will.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26

Can my ex-spouse claim from my estate after divorce?

Gifts to your ex-spouse in your will are void post-divorce. However, your ex-spouse can claim under the Succession Law Reform Act if they were your dependent at the time of death (for example, you were still paying spousal support). To prevent spousal support claims from continuing to your estate, ensure your separation agreement clearly ends spousal support obligations. Consult a family lawyer about support terms during divorce negotiations.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, s. 15; Family Law Act, R.S.O. 1990, c. F.3

Should I update my power of attorney after divorce?

Yes, absolutely. Your power of attorney (property) and power of attorney for personal care (medical decisions) should be updated after divorce. If your ex-spouse was named attorney, they're automatically removed. If you've remarried, consider whether your new spouse should have these powers. Powers of attorney are just as important as your will—they control who makes financial and medical decisions if you're incapacitated. Update these documents along with your will.

Relevant legislation: Substitute Decisions Act, 1992, S.O. 1992, c. 30

What if I remarry after divorce—does my new will revoke the old one?

Marriage in Ontario automatically revokes any previous will. If you remarry after divorce, your pre-remarriage will is void. You must create a new will immediately or die intestate (no will), with your estate distributed per Ontario law—usually to your new spouse and children, which may not reflect your wishes. This is why it's critical to update your will after remarriage. Don't assume your old will is still valid—it isn't.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, s. 16

How should I update my will if I have children from multiple relationships?

A post-divorce will should clearly address: distribution between your current spouse and children from previous relationships, whether your current spouse inherits everything (risky—adult children may claim) or receives only income while children inherit capital, and guardianship if you have minor children. Blended family wills after divorce require careful planning to minimize disputes. Have a lawyer draft or review your will to ensure clarity and enforce your intentions while complying with Ontario law.

Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26

Your Legal Team

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Family Law

High-Net-Worth Divorce Settlement

Secured 63% asset division for client with complex multi-property portfolio

Our client faced a contested divorce involving multiple properties across Ontario, RRSPs, and a family business valued at $4.2M. Through strategic negotiation and forensic accounting analysis, we achieved a division significantly above the standard equalization payment, protecting our client's business interests while ensuring fair spousal support terms.

Favourable Settlement

Child Custody

Emergency Custody Order — Child at Risk

Obtained emergency sole custody within 48 hours

When credible evidence of an unsafe environment emerged, our team filed an urgent motion under the Children's Law Reform Act. The court granted our client temporary sole custody and supervised access within two business days, protecting the children while the matter proceeded to a full hearing.

Emergency Order Granted

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“I had the privilege of being represented by Ms. Jia Junaid and Ms. Nicole Sexton for a complex family law matter involving divorce, property division, and parenting arrangements. Their attention to detail and deep knowledge of family law were evident at every stage. What stood out most was their balanced approach: strong and strategic in negotiations, yet sensitive and supportive.”

— Maryam

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“My experience with Jia was exceptional. I am impressed with the level of professionalism and empathy they handle my situation. Jia and her team provided me with excellent guidance during the entire process, they never left me alone. They made me feel secure and confident all the time.”

— Brenda Mazzuchi

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Will After Divorce Ontario

Frequently Asked Questions

Your Legal Team

Real Results for Real Clients

High-Net-Worth Divorce Settlement

Emergency Custody Order — Child at Risk

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