Divorce can bring significant changes to your life, and these changes often extend to your estate planning. In British Columbia, the Wills, Estates and Succession Act (WESA) addresses how divorce affects your Will, but understanding these provisions is crucial to ensuring your estate is distributed according to your current wishes.
Impact of Divorce on Your Will
In British Columbia, Section 56 of WESA outlines the automatic effects of divorce on your Will. According to this provision, if you divorce, any gifts or appointments made to your ex-spouse in your Will are automatically revoked. This includes:
- Gifts: Any bequests or specific items left to your ex-spouse.
- Appointments: Any roles assigned to your ex-spouse, such as naming them as your executor or trustee.
What This Means for Your Estate
The automatic revocation of these provisions means that, generally, your ex-spouse would not inherit anything from your estate if you were divorced and have not updated your Will. The law assumes that you would not want your ex-spouse to benefit from your estate after the end of your marriage.
However, the revocation only applies if your Will does not explicitly state otherwise. If your Will includes a clause that overrides this automatic revocation or if you’ve made provisions for your ex-spouse in a way that clearly indicates your intentions, those provisions may still be valid.
Why You Should Update Your Will
Even though WESA provides a safety net by revoking gifts and appointments to an ex-spouse after divorce, it’s still highly advisable to update your Will to reflect your current wishes. Here’s why:
- Avoid Legal Complications: Updating your Will ensures that your estate is distributed according to your current preferences and avoids any potential disputes or confusion.
- Reflect Your New Circumstances: Your estate planning needs may have changed significantly since your divorce. Updating your Will allows you to make new arrangements for your assets and designate new beneficiaries or executors.
- Prevent Unintended Consequences: Failing to update your Will could result in unintended beneficiaries receiving part of your estate, or your estate may be administered in a way that doesn’t align with your current wishes.
How Northam Law Can Assist
Addressing changes in your estate plan after a divorce can be intricate. Northam Law is here to guide you through the process of updating your Will and ensuring that it accurately reflects your current wishes. Our experienced team can help you revise your estate plan, address any concerns, and ensure that your estate is managed according to your preferences.
If you’ve recently divorced or need to update your estate plan, contact Northam Law today. We’ll help you create or update your Will to ensure your legacy is protected and your wishes are honored.
Key Points:
- Automatic Revocation: Divorce automatically revokes gifts and appointments to an ex-spouse under WESA.
- Update Your Will: It’s crucial to update your Will to reflect your current wishes and avoid potential issues.
- Northam Law’s Support: We can help you update your Will and navigate any changes in your estate planning.
For more general information on estate planning in British Columbia, visit the Government of British Columbia – Estate Planning page.
Read other Frequently Asked Questions about Estate Planning:
What happens if I die without a Will?
Adding or removing someone from your property title – Pros and Cons
Can you disinherit a spouse or children in BC?
