How An Existing Will Is Affected By A Marriage, Separation, or Divorce

In British Columbia, Canada, marriage, separation, and divorce can significantly impact an existing will. Here’s how each situation affects In British Columbia, Canada, marriage, separation, and divorce can significantly impact an existing will. Here’s how each situation affects a will under British Columbia law:

  1. Marriage: In British Columbia, getting married does not automatically revoke a pre-existing will. This means that if you have a will before getting married, it remains valid unless you choose to update it. However, it is advisable to review and possibly update your will upon marriage to ensure that your spouse is included according to your wishes. Without updating, there could be unintended consequences regarding the distribution of your estate.
  1. Separation: Separation does not automatically alter or revoke a will in British Columbia. If you are separated but not legally divorced, your spouse may still be a beneficiary under your existing will unless you make changes. It is important to update your will during separation if you wish to change the distribution of your estate or remove your spouse as a beneficiary.
  1. Divorce: In British Columbia, divorce has a significant impact on a will. Once a divorce is finalized, any gifts or appointments (such as executor) made to a former spouse in the will are automatically revoked. This means that your ex-spouse will not inherit under the will, nor can they act as executor, unless the will explicitly states otherwise after the divorce. However, the rest of the will remains valid, so it is crucial to review and update your will post-divorce to ensure it reflects your current wishes.

Overall, changes in marital status, such as marriage, separation, or divorce, necessitate a careful review of your will to ensure it aligns with your intentions. Updating your will after such changes helps prevent unintended beneficiaries and ensures your estate is distributed according to your wishes. At Northam Law, we are ready to guide you in ensuring that your assets are protected and that your wishes are honored. Please contact us today to learn how we can assist you further.

At Northam Law, we can assist you in updating your will according to your instructions. Whatever your experiences may be, we strive to guide you in making the necessary changes. Contact us anytime to set a consultation.

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Melissa has 8+ years of combined Commercial, Business and Contract Law experience as In-House Counsel in manufacturing, health, real estate development, and broadcast communication industries. She is instrumental in developing strategies to minimize legal risk and ensure regulatory compliance.

She has 6+ years of Human Resources Management experience and a Chartered Professional in Human Resources (CPHR) designation. Her practice includes Family Law, Civil Litigation, Wills & Estates and Real Estate & Conveyancing.

For fun, she visits ancient sites and ruins and belts out popular Broadway tunes.

northam law corporation

Northam Law is a boutique law firm offering advisory services in Real Estate Law and Conveyancing, Business Law, and Human Resources. Our practice areas also include Wills & Estates and Family Law. Notarization services are also available.

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