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How is My Will Affected by my Subsequent Marriage?

Posted on 9 April 2021
How is My Will Affected by my Subsequent Marriage?

In Ontario, the Will of a person who later marries is revoked by the marriage and is no longer valid, with a few exceptions (s.15 of the Succession Law Reform Act.

The most common exception is when the Will includes a declaration that it is being made in contemplation of the marriage (s.16(a) of the Succession Law Reform Act.)

A Will including a declaration that it is made in contemplation of the marriage remains valid even after the marriage has been solemnized.

At the time of writing this Article, a subsequent common-law relationship does not revoke the Will.

Tags:WillsEstate PlanningCommon-Law RelationshipSuccession Law Reform Act