Till Death Do Us Part: How Marriage and Divorce Transform Your Will

Marriage and divorce change the game when it comes to wills, so it pays to be prepared for anything. 

Most of us would rather binge-watch our favorite TV shows on a Saturday night in than think about wills and estate planning. But, like updating your status on social media, updating your will when significant life changes occur is crucial. 

Marriage and divorce are two of these significant life changes that demand a rethink. 

Your will might just look like any other document. But in actual fact, it’s so much more. Wills are roadmaps that guarantee your wishes are followed, and your loved ones are taken care of long after you’re gone.

Saying “I Do” to Your New Will

When you’re planning a wedding, considerations about your will are likely to be low down on the ever-growing list of things to do. 

But preparing for changes now will save you a legal headache in the future. 

Legal Changes When You Tie the Knot

In many provinces, marriage automatically revokes a will made before the nuptials. That is unless the will explicitly states it was made contemplating marriage. 

This is a legal safeguard to ensure that your estate plan reflects your new family dynamics without outdated wishes getting in the way.

Because of this, updates to your will are best done after the big day. 

Estate Planning Post-Wedding Bells

So, what does that post-wedding plan look like?

New Assets

Marriage can mean new property or other assets. Ensuring these are included in your will is essential.

Canadians are aware that setting up a trust in Ontario takes careful planning and a clear understanding of provincial laws. Doing so allows couples to protect shared assets while outlining how they should be managed or distributed in the future.

New Family Members

If your new spouse has children, deciding how to include them in your will is crucial.

Executor Choices

You might want to appoint your new spouse as your executor or maybe a neutral third party if the situation is complex.

The Big Breakup: Rewriting Your Will Post-Divorce

Divorce might not be something you want to consider. But it’s worth being prepared as this life event can cause some pretty big legal changes. 

Divorce doesn’t automatically revoke a will. However, most provisions concerning your ex-spouse, such as inheritance or executor roles, typically become void unless you restate them in a new will. 

A post-divorce update will help to ensure your assets actually go to the people you now choose, not someone you’re no longer tied to. And if you have children, your will should outline guardianship clearly and might need revising to reflect your current wishes.

Demystifying Probate: Why You Might Need a Probate Lawyer

There are some instances where you may need to go through probate. This can occur more often in disputes you might see during a divorce. 

What is Probate Anyway?

Probate is a process where wills are validated by the courts. And that can be just as complex as it sounds. If your will is contested or your estate is large and complex, probate becomes inevitable.

The Value of a Probate Lawyer

Having a probate lawyer from an experienced group like https://westcoastwills.com/ will make your life easier. 

Here’s how:

Guidance Through Complexity

Probate lawyers navigate the court system, ensuring your will is executed as intended.

Dispute Resolution

They help manage disputes, saving your family additional stress during difficult times.

Efficiency and Peace of Mind

With a professional handling the legal intricacies, your executors can focus on managing your estate rather than getting bogged down by paperwork and legal hurdles.

Keeping Your Will in Check

It’s not just about making a will but about keeping it current. 

Life isn’t static, and neither should your will be. 

Here’s why regular reviews are essential:

Adapting to Changes

Whether you’re buying a new house, having a grandchild, or getting a pet, your will should reflect life’s big moments.

Legal Updates

Laws change, and staying compliant is key to ensuring your will holds up in court.

Tips for Effective Estate Planning

So, what’s a simple approach to will writing and estate planning pre and post-marriage?

Pre-Marriage

Consider a prenuptial agreement that includes provisions for your will.

Post-Marriage

Update or create a will that reflects your new marital status.

Pre-Divorce

Review your will to understand what will change and prepare accordingly.

Post-Divorce

Revoke or amend your will to reflect your current wishes.

Why This Matters

A will is more than just a legal document—it’s a declaration of your wishes and a protector of your legacy. 

Whether you’re dressing up for your wedding or signing divorce papers, your will needs to be part of the conversation. Don’t put it off because it’s unpleasant to think about. Instead, embrace it as a powerful tool that safeguards your loved ones’ futures.

Have you had to update your will after a major life event? Let us know how it went in the comments below.