In Nova Scotia, getting married no longer automatically cancels your existing will. However, a finalized legal divorce automatically revokes any gifts left to your former spouse and removes them as your executor, passing those responsibilities to your alternates.
Major life events naturally prompt us to reflect on our future, but many residents of Halifax and Cape Breton misunderstand how their relationship status affects their estate planning. A common misconception is that a new marriage entirely cancels an old will, or that an ex-spouse is automatically disinherited the moment you decide to separate. Under the modern Nova Scotia Wills Act, the legal realities are very specific and require careful attention.
Failing to update your legal documents after a marriage, separation, or divorce can lead to catastrophic family disputes. 🗳 If you unexpectedly pass away with an outdated will, your assets might end up in the hands of an estranged partner, or your new spouse might be forced to sue your estate for fair financial support. Taking proactive steps with a local estate lawyer guarantees your true intentions are honoured.
Step-by-Step Process in Nova Scotia
Understanding how the law treats your specific relationship change is the first step toward securing your family’s future. Whether you are newly wed or recently divorced, follow this process to protect your assets.
Step 1: Understand the Impact of Marriage
Previously, marrying someone in Nova Scotia would instantly revoke any will you had previously written. 💍 However, the law has changed. Today, marriage does not automatically cancel an existing will. If you leave all your assets to your siblings in an old will and then get married, your new spouse is not automatically granted everything. They would have to apply to the court for dependents’ relief if you pass away without updating your documents.
Step 2: Understand the Impact of Divorce
Once a formal divorce judgment is granted by the Supreme Court of Nova Scotia, the law steps in to alter your will. A legal divorce automatically revokes any property gifts made to your former spouse. It also revokes their appointment as your executor. The will is read as if your former spouse had died before you, meaning your alternate beneficiaries and alternate executors will take over.
Step 3: Consider the Effect of Separation
Separation is vastly different from a legal divorce. 🚨 If you are merely separated from your spouse-even if you have been living apart in different cities for years-your will remains entirely valid. If your old will names your separated spouse as the sole beneficiary, they will legally inherit your estate unless you physically write and sign a new will.
Step 4: Draft a New Will or Codicil
The safest and most effective way to handle a relationship change is to draft a brand-new will. While you can use a codicil (a formal legal amendment) for minor changes, a new marriage or divorce changes the entire structure of your estate. A completely new will eliminates confusion, revokes all prior documents, and clearly establishes your current wishes.
How Much Does it Cost in Nova Scotia?
Updating your estate plan after a life event is a necessary investment in your family’s financial security. 💰
- Simple Will Update: Having a Nova Scotia lawyer draft a single, standard new will generally costs between $400 and $800 CAD.
- Mirror Wills for Couples: If you recently married and need matching wills for both spouses, legal packages typically range from $800 to $1,500 CAD.
- Codicil Preparation: If you only need to make a small adjustment (like changing an executor name), drafting a codicil might cost $200 to $400 CAD.
- Estate Litigation: If you die with an outdated will and your new spouse must sue the estate for support, court fees and lawyer retainers can quickly exceed $15,000 CAD.
Life Event Impact on Estate Planning
How the Nova Scotia Wills Act interprets your relationship status dictates who inherits your property.
| Relationship Status | Automatic Effect on Current Will | Recommended Action |
|---|---|---|
| Legal Marriage | None. The old will remains 100% legally valid. | Draft a new will to include your new spouse and protect them financially. |
| Separation | None. Your separated partner can still inherit and act as executor. | Revoke the old will immediately and draft a new one reflecting the separation. |
| Legal Divorce | Gifts to the ex-spouse and their executor appointment are revoked. | Draft a new will to clarify your backup beneficiaries and update trust terms. |
How Long Does the Process Take?
Updating your estate documents is a relatively swift process compared to navigating the family court system. ⏳ Once you contact a local estate lawyer, scheduling an initial consultation and drafting the new will usually takes 2 to 4 weeks. It is highly recommended to start this process the moment you finalize a separation agreement or sign your marriage certificate, rather than waiting for years.
Frequently Asked Questions (FAQ)
What happens to my will if I enter a common-law relationship?
Moving in with a partner does not alter your existing will. In Nova Scotia, common-law partners do not have the same automatic inheritance rights as legally married spouses. You must explicitly name your common-law partner in your will if you want them to inherit.
Can I disinherit my current legal spouse?
Generally, no. Under Nova Scotia’s Testators’ Family Maintenance Act, if you do not leave adequate support for a legal spouse or dependent child, they have the right to challenge your will in court to claim a fair share of the estate.
Does divorce affect my designated beneficiaries on RRSPs?
No. A divorce automatically revokes gifts in your will, but it does not automatically change the beneficiary designations on your life insurance policies, RRSPs, or TFSAs. You must manually contact your bank or broker to update those forms.
Should I destroy my old will after getting divorced?
You should never just destroy an old will without making a new one. If you tear it up, you die “intestate” (without a will), and provincial laws dictate who gets your assets. The best practice is to sign a new will that formally revokes all prior ones.
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