Do You Need a New Will After Divorce in Nova Scotia?

Divorce triggers an automatic partial revocation of your will in Nova Scotia. The key word is partial — Section 17 of the Wills Act removes some provisions involving your ex-spouse, but it leaves gaps that could still send assets or decision-making authority in the wrong direction.

What Section 17 Does Automatically

When a divorce becomes final (31 days after the Divorce Order is signed), Section 17 of the Nova Scotia Wills Act automatically:

• Revokes any gift or bequest to the ex-spouse
• Removes the ex-spouse as executor or trustee
• Treats the ex-spouse as if they predeceased the testator for purposes of the will

This happens by operation of law — you do not need to file anything or notify anyone. If your will left the house to your ex-spouse and named them as executor, both provisions are voided the moment the divorce takes effect.

The override exception: Section 17 does not apply if a contrary intention is clearly stated in the will itself, in a separation agreement, or in a court order. If your Separation Agreement explicitly says your ex-spouse retains certain bequests despite divorce, those provisions survive.

The Separation Gap

Here is the critical danger zone: separation without divorce does not trigger Section 17. If you are separated but not yet legally divorced, your existing will is fully intact. Your ex-spouse can still inherit everything you left them, still serve as executor, and still control your estate.

In Nova Scotia, most divorces take at least a year to finalize (the one-year separation requirement plus the 31-day appeal period). During that entire time, your old will stands as written.

If you die during separation with an outdated will, your estranged spouse may inherit the family home, your retirement accounts, and control over your children's inheritance — exactly the outcome most separating couples want to prevent.

What Section 17 Does Not Cover

Even after divorce, Section 17 only affects the will itself. It does not revoke:

• Direct beneficiary designations on RRSPs, RRIFs, TFSAs, and life insurance policies — these are contracts with financial institutions that bypass the estate entirely
• Powers of Attorney for property or personal care — these remain in effect unless you explicitly revoke and replace them
• Joint tenancy with right of survivorship on property or bank accounts — the surviving joint tenant takes full ownership regardless of the will

Each of these requires separate, manual action to update.

How to Update Your Will

You have two proper approaches:

Draft a new will. The cleanest option. A new will with a revocation clause ("I revoke all former wills and codicils") replaces the old one entirely. This lets you name a new executor, redesignate beneficiaries for estate assets, set up trusts for children, and update Powers of Attorney.

Execute a codicil. A codicil is a formal amendment to an existing will. It works for targeted changes — replacing an executor, adjusting a specific bequest — but can create confusion if multiple codicils accumulate. For a post-divorce overhaul, a new will is usually cleaner.

Never make handwritten changes to an existing will. Crossing out paragraphs, writing in margins, or making ink corrections can invalidate the entire document. In Nova Scotia, every change must follow the same execution formalities as the original will — signed by the testator and witnessed by two people who are not beneficiaries.

The Cost of Doing Nothing

Lawyer-drafted wills in Nova Scotia typically cost $400–$1,200 depending on complexity. That is a fraction of the legal fees your family would face if your estate ends up in probate court because an outdated will created conflicting claims.

The Nova Scotia After-Divorce Checklist covers the full estate planning reset — will, Powers of Attorney, and beneficiary designations — in the right sequence so nothing gets missed.

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