Update Your Will After Divorce in Saskatchewan

Saskatchewan law does some of the work for you when it comes to wills and divorce — but not nearly enough. Section 19 of The Wills Act, 1996 automatically revokes gifts and executor appointments to a former spouse once the divorce is final. But that automatic protection has gaps large enough to cost your family thousands.

Here's what the Act covers, what it misses, and what you need to do about it.

What The Wills Act Automatically Revokes

Once your divorce is final, The Wills Act, 1996 treats your will as if your former spouse predeceased you. This means:

• Any gifts to your former spouse in the will are revoked
• Any appointment of your former spouse as executor is revoked

These revocations happen by operation of law — you don't need to file anything or notify anyone. If you die before getting around to updating your will, the gifts that would have gone to your former spouse pass to the alternate beneficiaries named in your will, or according to the default rules of intestacy if no alternates are named.

What The Wills Act Does NOT Revoke

This is where people get into trouble:

Gifts to your former spouse's family members — If your will leaves $10,000 to your former mother-in-law, that gift survives the divorce. The Act only revokes provisions for the spouse, not their relatives.

RRSP and TFSA beneficiary designations — These are governed by the financial institution's contract, not your will. If your former spouse is named as beneficiary on your RRSP, they inherit 100% of that account regardless of what your will says.

Life insurance beneficiary designations — Same principle. The insurance company pays whoever is named on the policy, not whoever is named in your will.

Workplace group benefits — Group life, health, and dental plan beneficiaries are controlled by your employer's HR forms, not your will.

Pension survivor benefits — Under The Pension Benefits Act, 1992, a married spouse is entitled to a minimum 60% survivor benefit unless they execute a specific provincial waiver form. Divorce alone does not terminate this entitlement.

Power of Attorney

Your divorce does not automatically revoke a power of attorney. If you previously granted your former spouse an enduring power of attorney for property (Form A) or personal care (Form B or C), that authority remains in effect until you explicitly revoke it.

If you become incapacitated before revoking the power of attorney, your former spouse could legally make financial and medical decisions on your behalf. Execute a formal revocation letter and draft new powers of attorney naming your chosen decision-makers immediately after your divorce is final.

What You Should Do

Draft a new will reflecting your current wishes — new executor, new beneficiaries, updated guardianship designations if you have children.

Execute new powers of attorney for both property and personal care.

Update every beneficiary designation separately — RRSPs, TFSAs, life insurance, workplace benefits, and pension plans. These are not controlled by your will.

A basic will drafted by a Saskatchewan estates lawyer costs $300–$800. Some people use online template services like LawDepot, but for complex estates involving pension waivers and registered account rollovers, professional legal advice is worthwhile.

The Full Estate Planning Checklist

The Saskatchewan After-Divorce Checklist includes a beneficiary tracking worksheet covering every account type that The Wills Act doesn't protect — so nothing falls through the cracks between your will and your financial contracts.

See more Saskatchewan guides →