How to Change Your Will and Power of Attorney After Divorce in Yukon

Your Yukon divorce does not automatically revoke powers of attorney or beneficiary designations. For wills, the result depends on when the will was executed: the Wills Act amendments effective May 1, 2021 automatically revoke former-spouse gifts and executor appointments in wills executed after that date, while a will executed before that date requires a new will or codicil to remove those provisions. Revoke and replace financial and personal-care appointments separately.

This is one of the most dangerously misunderstood areas of Yukon divorce law.

What Divorce Does (and Doesn't Do) to Your Will

Under Yukon's Wills Act, amendments effective May 1, 2021 provide that divorce automatically revokes gifts to a former spouse and executor appointments held by a former spouse in wills executed after May 1, 2021.

If your will was executed before May 1, 2021, the former spouse can remain a valid beneficiary and executor despite the divorce until you execute a new will or codicil. For a post-May 1, 2021 will, the automatic revocation is limited to the former-spouse gifts and executor appointment; the rest of the will remains in place.

The safe approach is clear: execute a brand-new will and revoke all outdated estate planning documents.

What to Update

Last Will and Testament. Draft a new will that reflects your post-divorce wishes. Name a new executor, update beneficiaries, establish trusts for minor children if needed, and specifically revoke all prior wills. A properly drafted revocation clause eliminates any ambiguity about which document governs.

Enduring Power of Attorney. If you granted your ex-spouse an enduring power of attorney for financial matters, divorce does not automatically revoke it. Revoke the financial appointment in writing immediately. Deliver the revocation to your ex-spouse, to any financial institutions that have the original POA on file, and keep a copy for yourself.

Health Care Directive. If your advance directive or health care proxy names your ex-spouse as your decision-maker, revoke and replace that personal-care appointment separately with a new document naming someone you trust.

Guardian Nominations. If your will nominates your ex-spouse as guardian for your children (common in married-couple wills), update this to reflect your current parenting arrangement and preferred alternate guardian.

DIY vs. Lawyer

Simple estate situations — single beneficiary, no complex trusts, no blended family — can be handled with a well-drafted DIY will. Yukon accepts holographic wills (handwritten and signed), though typed wills with proper witnessing are stronger.

Complex situations — children from multiple relationships, significant assets, business interests, or trusts — warrant a family law or estate attorney. In Yukon, legal fees for a basic will update typically start around $300–$500, with more complex estate plans running $1,000–$2,500.

Given that Yukon's average hourly legal rate runs $250–$400, a will update is one of the more cost-effective uses of legal time compared to the potential consequences of an outdated estate plan.

When to Do This

Estate planning updates fall into Priority 3 of the post-divorce sequence — after identity and financial account updates are complete. However, if you're concerned about the immediate risk of an outdated will (health issues, travel, hazardous occupation), consider drafting a new will during the separation period, before the divorce is even final.

You can execute a new will at any time. You don't need a Certificate of Divorce to sign one. Beneficiary changes are separate written forms submitted directly to each financial institution or insurer; follow the institution's identification requirements.

Part of a Larger Puzzle

Estate planning is the capstone of the post-divorce administrative transition, but it depends on everything else being done first — identity updates, CRA notifications, beneficiary changes, property transfers. The Yukon After-Divorce Checklist sequences all of these tasks in the right order, including exactly when and how to update your will, POA, and health care directive.

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