Divorce and Your Will in Canada — What Changes Automatically

Last updated July 4, 2026 · 2 min read
Quick answer
Divorce in Canada typically voids will provisions in favour of the ex-spouse — gifts to them are revoked, appointments of them (executor, guardian, POA) are revoked. The rest of the will remains valid. Specific provincial rules vary but trend is similar. CRITICALLY — beneficiary designations on RRSPs, RRIFs, TFSAs, life insurance are NOT automatically updated by divorce. Ex-spouse remains named and would receive funds unless designation is explicitly changed. Always update both will and designations after divorce.

For Canadians going through divorce, estate planning is among the easier-to-forget consequences. The will needs updating; beneficiary designations need updating; Powers of Attorney need updating. Getting this right prevents the ex-spouse from inadvertently inheriting.

What divorce does automatically

In most Canadian provinces, divorce automatically:

  • Voids gifts to the ex-spouse in the will
  • Voids appointments of the ex-spouse (executor, guardian)
  • Treats the ex-spouse as if they predeceased the testator for will purposes

What this means:

  • The rest of the will remains valid
  • Gifts to ex-spouse fall into residue or go to alternative beneficiaries per the will
  • Ex-spouse as executor: backup executor takes over

Specific provincial rules vary. Some provinces have stronger or weaker auto-revocation. Trend across provinces is similar — divorce voids ex-spouse provisions in the will.

What divorce does NOT do automatically

Beneficiary designations on registered plans and insurance are NOT automatically updated by divorce in most provinces. The ex-spouse remains named:

  • RRSP beneficiary
  • RRIF beneficiary
  • TFSA beneficiary (or successor holder)
  • Life insurance beneficiary
  • Employer pension survivor

Unless these are explicitly updated, the ex-spouse receives the funds — regardless of what the will says about ex-spouse provisions.

This is the single biggest post-divorce estate planning mistake. Update designations explicitly.

After divorce — checklist

  1. Update the will explicitly. Don't rely on automatic provisions; restate intent clearly.
  2. Update all beneficiary designations. RRSP, RRIF, TFSA, life insurance, employer pension survivor, any other named-beneficiary structures.
  3. Update Powers of Attorney. If ex-spouse was POA for property or personal care, name someone else.
  4. Update emergency contacts and next-of-kin. Work, medical providers, schools (if children).
  5. Address joint property. Joint accounts, jointly-titled real estate. Coordinate with divorce settlement.
  6. Review insurance. Life insurance, disability insurance, critical illness.
  7. Consider new estate plan. Divorce often changes the whole picture; sometimes worth full re-plan.

During separation (before divorce)

Marriage is technically still in effect during separation. Spousal rights generally continue. Some considerations:

  • Will provisions for spouse still effective (no auto-void during separation)
  • Beneficiary designations still naming spouse
  • Spousal rights to property generally continue

Many Canadians update their will at separation to remove the separated spouse, even before formal divorce. Then update again at divorce if needed. Beneficiary designations particularly should be updated at separation if circumstances warrant.

Children and divorced parents

Where ex-spouse is parent of minor children:

  • Custody/guardianship of children generally passes to surviving biological parent regardless of will (parental rights)
  • Will-named guardian (different from surviving parent) takes effect only if surviving parent is also deceased or unfit
  • Children's inheritance from deceased parent typically protected by court oversight if minor

What we focus on at It's Simple Will

The will questionnaire supports post-divorce updates. Combined with explicit beneficiary designation updates at financial institutions, the divorce-related estate planning is complete.

Citations & sources

  1. [1]Canadian Bar Association — Wills and estates — Canadian Bar Association

Frequently asked questions

Does divorce revoke my will?

Not the whole will, no. Divorce typically voids provisions in favour of the ex-spouse (gifts, appointments) but leaves the rest of the will valid. Specific provincial rules vary. Some provinces have stronger or weaker provisions; check current provincial law.

What about beneficiary designations on registered plans?

NOT automatically updated by divorce in most provinces. Ex-spouse remains named as RRSP/RRIF/TFSA/insurance beneficiary unless designation explicitly changed. This is the biggest mistake post-divorce — failing to update designations.

What if ex-spouse was the executor?

Provincial rules typically void the appointment. Backup executor takes over. If no backup, court appoints administrator. Always update the will to name new executor.

What if ex-spouse was guardian for minor children?

For surviving biological parent of children, custody and care typically pass to them regardless of will. For ex-stepparent named as guardian, divorce typically voids the appointment.

What about pre-divorce gifts already made?

Gifts during life are not affected by subsequent divorce. Joint property and shared assets are governed by separation agreement, prenup, or court orders, not the will.

What about separation (not yet divorced)?

Separation doesn't typically void will provisions in most provinces. Marriage technically still exists. Some Canadians update their will at separation; others wait until divorce. Either way, beneficiary designations should be reviewed.

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