Do You Need a New Will After Divorce in Ontario?
Do You Need a New Will After Divorce in Ontario?
The short answer is yes. Ontario's Succession Law Reform Act provides some automatic protections when a marriage ends, but they are narrower than most people think — and relying on them instead of drafting a new will is a gamble that can cost your family tens of thousands of dollars in probate and legal fees.
What the SLRA Does Automatically
When your divorce is finalized, the SLRA automatically:
- Revokes any gift to your ex-spouse in your existing will
- Removes your ex-spouse as estate trustee (executor)
- Treats your ex-spouse as if they predeceased you for purposes of the will
These protections kick in on the date your divorce takes legal effect (31 days after the Divorce Order is signed, assuming no appeal).
The 2022 SLRA Amendments: Separation Counts Too
For couples who separated on or after January 1, 2022, the SLRA extended these protections to separated spouses — but only if specific conditions are met:
- The couple has been separated for at least 3 consecutive years, or
- They have a signed separation agreement, or
- There is a court order resolving property or support
If none of these conditions apply and you are separated but not yet divorced, your old will remains fully in force — your spouse could inherit everything.
Why the Automatic Protections Are Not Enough
The SLRA revokes gifts to your ex-spouse and removes them as executor. But it does not revoke the will itself. This creates several problems:
No Backup Executor
If your will names your ex-spouse as sole executor and the SLRA removes them, your will now has no executor. The court will need to appoint one through a Certificate of Appointment of Estate Trustee Without a Will — a process that costs money, takes time, and gives you no control over who manages your estate.
No Alternate Beneficiaries
If your will leaves "everything to my spouse" and the SLRA revokes that gift, the bequest fails. The assets then pass under Ontario's intestacy rules, which may distribute them differently than you would have chosen.
For example, if you have children, intestacy gives the first $350,000 to them and splits the remainder — but a new partner or stepchildren receive nothing. If you have no children, your parents or siblings inherit. Your wishes are irrelevant without a valid, current will.
Powers of Attorney Are Separate
The SLRA's automatic revocation applies to wills. It does not automatically revoke a Power of Attorney for Property or Power of Attorney for Personal Care. If your ex-spouse is still named as your attorney, they may retain the legal authority to make financial or medical decisions on your behalf.
You need to revoke these documents separately and execute new ones naming a trusted person.
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What a Post-Divorce Estate Plan Should Include
At minimum, you need three new documents:
- A new will naming new beneficiaries, a new executor, and an alternate executor
- A new Power of Attorney for Property naming someone you trust to manage your finances if you become incapacitated
- A new Power of Attorney for Personal Care naming someone to make medical decisions for you
The cost of having a lawyer draft all three ranges from CA$200 to CA$1,500+ depending on complexity. Online will services offer a lower-cost option, though complex estates (especially those with business interests or multiple properties) benefit from professional drafting.
Don't Forget Beneficiary Designations
A new will does not update your RRSP, TFSA, life insurance, or workplace benefit beneficiaries. Those designations are separate contracts that bypass your will entirely. You must update each one directly with the financial institution.
The Bottom Line
The SLRA provides a safety net, but safety nets have holes. A new will costs a fraction of what intestacy or a failed estate plan costs your family. Draft one as soon as your separation agreement is signed — do not wait for the divorce to be finalized.
The Ontario After-Divorce Checklist covers estate planning alongside every other post-divorce administrative step, so you can work through the full list in the right order.
Get Your Free Ontario — After-Divorce Life-Admin Checklist
Download the Ontario — After-Divorce Life-Admin Checklist — a printable guide with checklists, scripts, and action plans you can start using today.