In Ontario, getting a formal divorce automatically revokes any clauses in your Will that leave property to your ex-spouse or appoint them as your executor. However, simply being separated does not. You should urgently update your Will and Powers of Attorney immediately upon separation to protect your assets. Drafting a new estate plan typically costs between $500 and $1,500 CAD.
Navigating the end of a marriage is a complex emotional and financial journey. Whether you are separating in Toronto, Ottawa, or a smaller community in Ontario, your family law obligations are likely your primary focus. However, many separating spouses completely overlook the critical importance of their estate planning documents. If tragedy strikes before your divorce is finalized, your ex-partner could end up inheriting your entire estate or making life-and-death medical decisions for you.
Under Ontario’s Succession Law Reform Act (SLRA), the law treats separation and a finalized divorce very differently. ⚠️ Relying on the government to automatically invalidate your old Last Will and Testament is incredibly dangerous. To ensure your children, parents, or new partner are protected, you must take proactive steps. Below, we outline exactly how the law impacts your Will, the steps you must take to update your documents, and the associated costs.
Step-by-Step Process to Update Your Estate Plan in Ontario
Updating your estate plan is a straightforward process when guided by an experienced wills and estates lawyer. Do not wait for your family court matters to conclude; this process should be completed as soon as it is clear the relationship is over.
Step 1: Understand Your Current Legal Status
First, you must understand the difference between being separated and being legally divorced. If you are simply living apart from your spouse, your current Will remains 100% valid. If you die, your estranged spouse will inherit whatever you left them. It is only when the Superior Court of Justice issues a formal Divorce Order that the SLRA automatically treats your ex-spouse as if they had predeceased you, thereby revoking their gifts and executor appointments.
Step 2: Revoke Your Powers of Attorney Immediately
Your Powers of Attorney are arguably more urgent than your Will. 🚨 If you are in a car accident in Mississauga and fall into a coma, your current Power of Attorney for Personal Care likely gives your estranged spouse the legal right to pull the plug or manage your bank accounts. You must immediately draft and sign a formal revocation, notify your ex-spouse, and provide the revocation to your bank and family doctor.
Step 3: Draft a New Last Will and Testament
Your lawyer will draft a completely new Will. This new document will include a revocation clause that instantly cancels all previous Wills you have ever made. You will appoint a new executor (such as a sibling or trusted friend) and redirect your estate to your children, a trust, or other beneficiaries.
Step 4: Update Beneficiary Designations
A Will does not control everything. Assets like your RRSPs, TFSAs, and life insurance policies pass outside of your estate directly to the named beneficiary. You must contact your bank or insurance provider to fill out new forms, removing your ex-spouse and naming a new beneficiary.
How Much Does It Cost in Ontario?
Securing your estate after a separation is an affordable legal step that prevents massive family disputes and litigation after your passing. As of May 2026, you can generally expect the following costs:
- Standard Will Package: Most Ontario lawyers charge between $500 and $1,500 CAD to draft a new Will and two Powers of Attorney.
- Complex Trust Drafting: If you need a specialized trust for minor children, fees may range from $1,500 to $3,000+ CAD.
- Updating RRSP/TFSA Designations: This is generally handled directly with your bank at no cost ($0 CAD).
How Long Does the Process Take?
You do not need to wait years for your divorce to finalize to protect yourself. You can update your Will immediately. ⏱️
| Phase of the Process | Timeline in Ontario |
|---|---|
| Revoking Powers of Attorney | Can be done the same day you consult a lawyer. |
| Drafting and Signing a New Will | Typically takes 1 to 3 weeks from the initial consultation. |
| Automatic Revocation by Divorce | Takes effect the day the court issues the Certificate of Divorce. |
Frequently Asked Questions (FAQ)
What happens if I die while separated without a Will?
If you die without a Will (intestate) while legally married but separated, your estranged spouse still has the legal right to claim the preferential share (the first $350,000 of your estate) under Ontario law, leaving little to nothing for your children. You must draft a Will to prevent this.
Does getting married revoke my old Will?
No. As of January 1, 2022, the Ontario government changed the law. Getting married no longer automatically revokes an existing Will. If you have a new spouse, you must actively update your estate plan to include them.
Can I completely disinherit my separated spouse?
You can remove them from your Will, but under the Family Law Act, a surviving spouse has six months to challenge the Will and claim an equalization of net family property instead of taking what is (or isn’t) in the Will. A finalized separation agreement usually waives this right.
Do I need my ex-spouse’s permission to change my Will?
Absolutely not. Your Last Will and Testament is a completely private document. You do not need to notify your estranged spouse or obtain their consent to change your executor or beneficiaries.
Leave a Reply