Under the updated Succession Law Reform Act, getting married no longer automatically revokes or cancels your existing Will in Ontario. While your old Will remains fully legally valid, failing to update your estate plan to include your new spouse can leave them financially vulnerable and spark costly family litigation.
Planning a wedding in Ontario is an exciting time, filled with booking venues in Toronto, tasting cakes in Ottawa, or selecting flowers in Hamilton. Amidst all the joyous preparation, legal paperwork often falls to the bottom of the priority list. For decades, Ontario law stated that the moment you said “I do,” your existing Last Will and Testament was instantly revoked unless it was specifically written “in contemplation of marriage.”
However, recent legislative changes have completely altered this landscape. As of January 1, 2022, getting married in Ontario no longer invalidates your previous Will. While this change protects you from accidentally dying without a Will (intestate), it creates a dangerous new trap. If you die with an outdated Will, your assets will go exactly to the people listed in that old document, potentially leaving your new spouse with nothing. This guide explains how marriage impacts your estate planning and the steps you must take to protect your growing family. 📍
Step-by-Step Estate Planning After Marriage in Ontario
Ignoring your estate plan after getting married is a serious financial risk. To ensure your assets are distributed exactly as you intend, you must proactively update your legal documents.
Step 1: Review Your Existing Legal Documents
Start by locating your current Will and Powers of Attorney. Read through them carefully. Did you leave everything to your parents, your siblings, or perhaps a charity? 📋
Because marriage no longer cancels these gifts, those named individuals will still inherit your estate if you pass away unexpectedly. You must also check your designated beneficiaries on your RRSPs, TFSAs, and life insurance policies, as these do not automatically update to your new spouse upon marriage.
Step 2: Understand the Rights of a Surviving Spouse
If you leave your new spouse out of your Will, Ontario law does not leave them completely defenseless. A surviving married spouse has the legal right to make a “Family Law Act election.”
Instead of taking what is left to them in the Will (which might be zero), they can choose to claim an equalization payment, similar to how assets are divided during a separation. Furthermore, they may file a dependent support claim against your estate. However, forcing your grieving spouse to sue your estate at the Superior Court of Justice is incredibly stressful and drains the estate’s finances.
Step 3: Consult an Ontario Estate Lawyer
Estate planning is not a “do-it-yourself” project. Sit down with a qualified local law firm to discuss your new family dynamics. 👥
If this is a second marriage and you have children from a previous relationship, your lawyer can help you set up a spousal trust. This ensures your new spouse is financially supported for the rest of their life, but the remaining capital ultimately passes down to your children after your spouse passes away.
Step 4: Draft and Sign a New Will and POA
Once your strategy is finalized, your lawyer will draft a completely new Last Will and Testament, explicitly revoking all previous Wills. You must also update your Power of Attorney for Property and Power of Attorney for Personal Care.
Your new spouse is usually the most practical choice to make medical and financial decisions for you if you become incapacitated. These documents must be signed in the physical or secure virtual presence of two independent witnesses to be legally binding in Ontario.
How Much Does an Estate Plan Cost in Ontario?
Budgeting for proper legal advice is much cheaper than the cost of estate litigation after you are gone. 💵
- Basic Will and POAs (Single): For a straightforward situation, drafting a new Will and both Powers of Attorney typically costs between $500 CAD and $900 CAD.
- Couples Estate Package: Most Ontario law firms offer “Mirror Wills” for married couples, ranging from $800 CAD to $1,500 CAD for the pair.
- Complex Trust Planning: If you own a business or require blended family trusts, expect to pay between $2,000 CAD and $4,500 CAD.
- Estate Litigation: If your spouse is forced to challenge your outdated Will in court, legal fees can easily exceed $20,000 CAD to $50,000+ CAD.
How Long Does the Process Take?
Drafting a Will is not a lengthy process, provided you know exactly how you want to divide your assets. ⌛
From your initial consultation with a lawyer to the final signing meeting, a standard estate plan can usually be completed in 2 to 4 weeks. If you are preparing for an upcoming wedding or a major trip, many law firms can expedite the drafting process to ensure you are fully protected before you leave.
Frequently Asked Questions (FAQ)
What happens if I die without any Will at all?
If you die without a Will (intestate), the Succession Law Reform Act dictates who gets your assets. If you are married with no children, your spouse inherits everything. If you have children, your spouse gets the “preferential share” (currently the first $350,000 CAD), and the remainder is divided between your spouse and children.
Does a common-law relationship affect my Will?
No. Entering into a common-law relationship does not automatically revoke or alter a Will in Ontario. Furthermore, common-law partners do not have the same automatic inheritance rights as legally married spouses. If you want your common-law partner to inherit, you absolutely must name them in your Will.
Can I just cross out old names on my Will and write my spouse’s name?
Never physically alter an original signed Will. Handwritten changes (interlineations) without proper formal witnessing will generally be rejected by the probate court. You must create a formal Codicil (an amendment) or, more practically, draft a brand new Will.
Are TFSA and RRSP accounts controlled by my Will?
Usually, no. If you have a named beneficiary directly on file with your bank or financial institution for your TFSA, RRSP, or life insurance, those assets bypass the Will and go directly to that person. You must contact your bank directly to update these designations after marriage.
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