Update Will After Divorce in BC
Your will doesn't become invalid after divorce in British Columbia. It stays legally valid — but with significant automatic modifications that most people misunderstand, and critical gaps that can send assets to exactly the wrong person.
What WESA Automatically Revokes
Under Section 56(2) of the Wills, Estates and Succession Act (WESA), when you "cease to be spouses" — through divorce or permanent separation — three things in your existing will are automatically revoked, unless the will expressly indicates a contrary intention:
- Any gift or bequest to the former spouse
- Any appointment of the former spouse as executor, trustee, or personal representative
- Any power of appointment granted to the former spouse
The law treats these provisions as if your former spouse predeceased you. So if your will says "I leave everything to my spouse, and if they predecease me, to my children equally," the automatic revocation triggers the alternate gift to your children.
That sounds protective, and it is — but only for assets that pass through your will.
The Separation-to-Divorce Gap
For legally married couples, WESA's protections activate only when you "cease to be spouses." Physical separation alone doesn't necessarily trigger the automatic revocation — the separation must be considered permanently absolute or a divorce order must be granted.
This means there's a window during ongoing separation negotiations where your existing will remains fully operative as written. If you die during this period, your estranged spouse inherits according to the original will terms. For marriages with significant assets, this gap can last months or years while divorce proceedings wind through the courts.
The safest approach is to execute a new interim will immediately upon separation, before the divorce is filed. This will should explicitly exclude your separated spouse from the estate and name alternate executors, trustees, and guardians.
What WESA Doesn't Touch
Even after the automatic revocation takes effect, WESA leaves serious gaps:
In-laws and step-family. WESA revokes provisions only for the former spouse. Gifts, bequests, or appointments made to your former spouse's family members — an ex-brother-in-law named as executor, a former step-child named as beneficiary — remain legally binding unless you write a new will.
Beneficiary designations on registered accounts. RRSPs, RRIFs, TFSAs, life insurance policies, and workplace benefits all pass directly to the named beneficiary, completely outside the will. WESA doesn't revoke these designations. If your ex is still named on file with the financial institution, they inherit the account regardless of your will or separation agreement.
Guardian management of children's inheritance. If you die without an updated will and your estate passes to minor children, your ex-spouse — as the children's surviving legal parent — may gain authority to manage those inherited assets. A new will with a testamentary trust, naming an independent trustee, prevents this.
No alternate executor. If your former spouse was your only named executor, the automatic revocation leaves your estate without anyone authorized to administer it. The court would need to appoint an administrator — a process that creates delays, costs, and potential disputes among family members.
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What a Post-Divorce Will Should Include
A comprehensive post-divorce will typically addresses:
- New executor and alternate executor — someone you trust who isn't connected to your former spouse
- Updated gifts and bequests — reflecting your current family structure
- Testamentary trust for minor children — with an independent trustee who manages the children's inheritance until they reach an age you specify
- Guardian nomination — if you have minor children and want to express a preference for who would raise them if something happens to you
- Explicit revocation of all prior wills — a standard clause, but especially important after divorce to prevent any ambiguity
Act Before the Paperwork Is Done
You don't need to wait for your divorce to be final to update your will. In fact, the separation-to-divorce gap makes it more urgent to act early. Draft a new will as soon as separation occurs, and update it again after the divorce is granted if your circumstances have changed in the interim.
The British Columbia After-Divorce Checklist includes a complete estate planning audit — covering will updates, beneficiary designations, executor appointments, and the WESA provisions that apply at each stage of the divorce process.
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