Does Marriage Cancel a Will in Ontario?

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The rule today, and the rule before 2022

For decades, Ontario law said that getting married automatically revoked any will you had made before the wedding. That rule was in section 16 of the Succession Law Reform Act (the SLRA), and marriage was listed in section 15(a) as one of the ways a will is revoked. Both were repealed by Schedule 9 of the Accelerating Access to Justice Act, 2021, and the amendment tables in the statute show both repeals in force on January 1, 2022.

Today, section 15 lists only three ways a will can be revoked: by a later will, by a written declaration of revocation made with the same formalities as a will, or by burning, tearing or otherwise destroying it with the intention of revoking it. Section 17(1) adds that a will is not revoked by presuming you intended to revoke it because your circumstances changed. Marriage is now simply a change in circumstances. Your existing will survives it. The formalities a new will or a written revocation must meet are set out in what makes a will valid in Ontario.

That makes the date of your marriage, and the date of your will, the first two facts we ask about when reviewing wills and powers of attorney for someone who has married or is about to.

What the old section 16 said

Under the version of the SLRA in force before 2022, a will was revoked by the marriage of the person who made it, except in three situations:

the will contained a declaration that it was made in contemplation of the marriage;
the spouse elected to take under the will, by a signed writing filed with the Estate Registrar for Ontario within one year after the death; or
the will exercised a particular kind of power of appointment over property that would not otherwise pass to the person’s estate or heirs.

The first exception is the one to look for in an older will. A clause saying the will was made in contemplation of the marriage is what kept many pre-2022 wills alive through the wedding.

Which rule applies to your will, step by step

Work through these questions in order. They decide whether your will is still standing.

When did you sign your current will? If you signed it after your most recent marriage, that marriage could not have revoked it under either rule.
If you signed it before the marriage, when did you marry? A marriage on or after January 1, 2022 does not revoke it. A marriage before that date was governed by the old section 16.
If you married before 2022, does the will say it was made in contemplation of that marriage? If it does, the old rule left it intact. If it does not, assume the marriage revoked it.
Has anything since brought it back? Under section 19 of the SLRA, a revoked will is revived only by a later will or codicil that shows an intention to give effect to it, or by signing it again with the required formalities. Ontario’s Legislation Act, 2006 adds, in section 51(1), that a repeal does not affect the previous operation of the repealed law, and section 58 applies that to individual provisions such as section 16. The 2022 change did not revive wills that an earlier marriage had already revoked.
Is the will revoked? Then, unless you have made a newer one, you are in the same position as someone with no will, and the intestacy rules in Part II of the SLRA would decide who inherits. Those rules are explained in who inherits if you die without a will in Ontario.

Does your marriage affect your will?
When you signed the will	When you married	Effect of the marriage on the will	Where the rule is
Before the marriage	Before January 1, 2022	Revoked, unless the will was made in contemplation of the marriage or another old exception applied	SLRA former ss. 15(a) and 16
Before the marriage	On or after January 1, 2022	Not revoked	SLRA ss. 15, 17(1)
After the marriage	Any date	Not affected by that marriage	SLRA s. 15
Under 18, in contemplation of marriage to a named person	The marriage takes place	The will becomes valid only when that marriage takes place	SLRA s. 8(1)(b)
Will revoked by a pre-2022 marriage	Not applicable	Stays revoked unless revived by a new will, codicil or re-signing	SLRA s. 19; Legislation Act, 2006, ss. 51(1), 58

What changes the answer

Your spouse’s rights override parts of your will

A will that survives your marriage is not the last word on what your spouse receives. Under section 5(2) of the Family Law Act, when a spouse dies, if the deceased spouse’s net family property is larger than the survivor’s, the survivor is entitled to one-half of the difference. Section 6(1) then makes the surviving spouse choose: take what the will gives, or take that equalization entitlement instead.

The choice has consequences. If the spouse elects equalization, section 6(8) says the gifts to them in the will are revoked, and the will is read as if they had died first, unless the will expressly says the gifts are in addition to the entitlement. The election must be in the prescribed form and filed with the Estate Registrar for Ontario within six months after the death (section 6(10)). If it is not filed in time, section 6(11) deems the spouse to have elected to take under the will, unless a court orders otherwise.

If there is no valid will

If your will was revoked and never replaced, Part II of the SLRA applies. A spouse with no surviving children or other descendants takes the whole estate (section 44). With descendants, the spouse first takes a preferential share (section 45), which O. Reg. 54/95 sets at $350,000 for people who die on or after March 1, 2021, and then one-half of the rest if there is one child, or one-third if there are two or more (section 46). Under section 6(2) of the Family Law Act, the spouse can choose that entitlement or equalization instead.

Common-law partners

For Part II of the SLRA, “spouse” has the meaning in section 1 of the Family Law Act: two people who are married to each other, or who entered a void or voidable marriage in good faith. Living together never revoked a will, under the old rule or the new one. But a common-law partner who is not married to you is not a “spouse” for intestacy, so if your will fails, they may receive nothing under Part II. Marriage changes that, which is one more reason to look at your will around the wedding.

Separation and divorce

Ending a marriage has its own rules. Under section 17(2), a divorce revokes gifts to the former spouse and their appointment as estate trustee, unless the will shows a contrary intention, and since 2022 section 17(3) to (5) extends that to some separations. We cover those rules in what happens to your will if you separate in Ontario.

Wills made by people under 18

Section 8(1)(b) still allows someone under 18 to make a will if it states that it is made in contemplation of marriage to a named person, but that will is not valid unless and until the marriage to that person takes place.

Example

For example, imagine Arjun, who signed a will in 2019 leaving everything to his brother. He married Lena in 2020 and never updated it. The will has no contemplation-of-marriage clause, so under the old section 16 it was revoked on his wedding day, and the 2022 change did not bring it back. If Arjun died today with no new will, Part II of the SLRA would apply. With no children, Lena, as his spouse, would be entitled to his entire estate under section 44, and his brother would receive nothing.

Now compare Sofia, who signed a will in 2020 leaving everything to her sister and married Tom in 2023. Her will was not revoked. If she died, it would still direct her estate to her sister, but Tom could choose, within six months, between what the will gives him (nothing) and an equalization entitlement under the Family Law Act, if her net family property was the larger. Neither outcome may be what Arjun or Sofia would have chosen. A new will after the wedding would have settled both.

Common mistakes around marriage and wills

Assuming the 2022 change saved an old will. If you married before 2022, a will signed before that marriage was probably revoked, and it stays revoked.
Assuming marriage now updates your will for you. The opposite is true: your old will keeps working, even if it leaves everything to someone you no longer intend to benefit.
Forgetting the spouse’s election. A will that ignores your spouse can be displaced by an equalization claim under the Family Law Act.
Leaving beneficiary designations untouched. Ontario’s guidance notes you can name beneficiaries on life insurance and registered plans, and jointly held property usually passes to the surviving owner outside the will. Check those alongside the will.
Not updating your powers of attorney. A new spouse is often the person you want acting for you. See powers of attorney for property and personal care.
Writing a handwritten “update” that does not meet the rules. A note added to your old will rarely works; see is a handwritten will valid in Ontario before trying it.

What to do this week

Find your current will and write down the date you signed it.
Write down the date of your marriage. If you have been married more than once, list each date.
If the will predates a marriage that happened before January 1, 2022, look for a clause saying it was made in contemplation of that marriage.
Check who you named as beneficiaries and estate trustee, and whether that still reflects your intentions.
List your life insurance, registered plans and jointly owned property, and who receives each.
If you own a business, read our note on a secondary will for private company shares before you update anything.
Book a review if the will is old or the answer is unclear. A first consultation takes 30 minutes, by video or in person, and you can request one here.

Frequently asked questions

Should I make my will before or after the wedding?

Either works under the current law, because marriage no longer revokes a will. Signing around the wedding lets the will name your new spouse and reflect the plan you have agreed on. If you are under 18, section 8(1)(b) has special rules.

Does moving in with a partner affect my will?

No. Living together has never revoked a will in Ontario. It also does not make your partner a “spouse” for the intestacy rules in Part II of the SLRA, so a valid will matters more for unmarried couples, not less.

My will was revoked by a marriage before 2022. Does an older will come back?

No. The old section 16 revoked any will made before the marriage, and under section 19 a revoked will is revived only by a later will or codicil showing that intention, or by signing it again properly. You need a new will, and the options for making one are compared in do you need a lawyer to make a will in Ontario.

Does divorce cancel my whole will?

Not the whole will. Section 17(2) of the SLRA revokes gifts to the former spouse, their appointment as estate trustee and certain powers given to them, unless the will shows a contrary intention. The rest of the will stands, read as if the former spouse had died first.

Can my will stop my spouse from claiming equalization?

A will cannot remove the choice in section 6 of the Family Law Act. Section 52 of that Act lets people who are married or intend to marry make a marriage contract setting their rights on death, among other things. That is a family law document, and each spouse should get their own advice on it.

How long does my spouse have to choose between my will and equalization?

Six months after the death, under section 6(10) of the Family Law Act. The election is filed with the Estate Registrar for Ontario. If it is not filed in time, the spouse is deemed to have chosen the will (or the intestacy share), unless a court orders otherwise. Section 6(14) also bars the estate trustee from distributing the estate within those six months without the spouse’s written consent or a court order, which affects the timing described on our probate and estate administration page.

Sources

This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of October 25, 2026.

Does getting married cancel your will in Ontario?