A will is not a one-time document. It is a snapshot of your life at the moment you signed it — your family, your assets, your wishes, and your relationships as they stood on that day. Life moves forward. Your will stays still.
The gap between those two things is where problems grow. A will that was perfect when you signed it can become misleading, contradictory, or even legally unenforceable if it is not updated to reflect major life changes. Here are the moments when you should stop and ask whether your will still does what you want it to do.
1. You Got Married (or Remarried)
In several Canadian provinces, marriage automatically revokes an existing will. In British Columbia, under the Wills, Estates and Succession Act, marriage invalidates a prior will unless it was explicitly made in contemplation of that marriage. In Alberta, the Wills and Succession Act takes a similar approach. Note: Ontario changed this rule effective January 1, 2022 — marriage no longer revokes a will in Ontario under amendments to the Succession Law Reform Act.
This means if you had a will before you married and you have not updated it since, you may currently be without a valid will at all — effectively intestate. If you remarried, the situation is even more pressing, especially if you have children from a previous relationship and want to ensure both your new spouse and your children are protected.
2. You Separated or Divorced
Unlike marriage, divorce does not automatically revoke a will in most Canadian provinces. However, in many provinces, a divorce revokes any gifts to your former spouse and removes them as executor — as if they had predeceased you. The rest of your will remains valid, but the distribution changes in ways you may not have intended.
If your will left everything to your spouse and you have since divorced, your estate may pass under the residual clause or intestacy rules — which could mean your assets go to people you did not intend to benefit. A separation, even without a formal divorce, is also a critical time to review your will. As of January 1, 2025, Ontario amended the Succession Law Reform Act so that a separated spouse may no longer inherit under a will or intestacy if certain conditions are met (living apart for at least three years due to marriage breakdown, a signed separation agreement, a court order, or a family arbitration award). Any gifts or executor appointments made to a separated spouse in a will predating the separation are also revoked. If you have moved out of a shared home or changed your financial arrangements, review your will immediately.
3. You Had a Child (or Another Child)
The birth or adoption of a child is one of the most important triggers for updating your will. Your will should name a guardian for your minor children, establish how assets will be held for them, and appoint a trustee to manage those assets until they reach an age you consider appropriate.
If you have a child and your existing will does not account for them, the child will still be legally entitled to a share of your estate under intestacy or family provision rules — but the distribution, guardianship, and trust arrangements will be decided by the court, not by you. If you already have children and you have another, you need to ensure the new child is included in your distribution plan and that your guardian and trustee choices still make sense.
4. Your Children Became Adults
If your will was written when your children were minors, it likely includes guardian appointments, trust provisions, and age-based distribution clauses (e.g., "my children receive their inheritance at age 25"). If your children are now adults, those provisions may be unnecessary, restrictive, or no longer reflect your wishes.
You may want to remove the guardian appointment, simplify the trust structure, or change the distribution ages. You may also want to give your adult children more direct control over their inheritance, or add conditions based on circumstances you have observed as they have grown.
5. You Moved to a Different Province
A will made in one Canadian province is generally valid in another, but the laws governing wills — including intestacy, family provision, and probate — are provincial. If you moved from Ontario to Alberta, your will is still valid, but the legal framework around it has changed. Alberta has different rules for spousal preferential shares, adult interdependent partners, and the interpretation of certain clauses.
If you moved provinces, you should have your will reviewed by a professional familiar with the legislation in your new province. The structure that was optimal in one province may create unexpected outcomes in another. Naming conventions for legal documents also differ — Alberta uses "Personal Directive" while Ontario uses "Power of Attorney for Personal Care," for example.
6. Your Financial Situation Changed Significantly
If you acquired significant new assets — a business, a property, investments, or an inheritance — your will may not reflect the full scope of your estate. More importantly, the distribution plan in your existing will may not account for how those new assets should be handled. A business, for instance, may need specific succession provisions that a general will does not include.
Conversely, if your financial situation declined significantly, your will may include bequests to specific charities or individuals that are no longer feasible, creating confusion or conflict among beneficiaries. Reviewing your will ensures your distribution plan matches your actual estate.
7. A Beneficiary, Executor, or Guardian Died
If someone named in your will has passed away, you need to update it. If your executor died and no alternate was named, the court will appoint an administrator — which may not be the person you would have chosen. If a beneficiary died, the gift to them may lapse (pass to their estate, or fail entirely, depending on the province and the relationship).
If the guardian you named for your children has died, you need to appoint a new one. Failing to update these roles creates gaps that courts will fill without your input.
8. You Want to Change Your Distribution Plan
Relationships evolve. You may have become close to a grandchild, started supporting a charity, or decided that an equal distribution among your children is no longer the right approach. You may want to add specific bequests, create a trust for a beneficiary with special needs, or adjust shares to reflect contributions or circumstances that have changed since you first signed your will.
Any change to how you want your estate distributed requires a will update. Verbal promises to beneficiaries are not enforceable — if it is not in the will, it does not happen.
9. It Has Been More Than Five Years
Even if nothing major has changed in your life, legislation does. Provincial governments amend estate laws, tax rules, and probate procedures regularly. A will that was perfectly structured five years ago may not take advantage of current provisions, or may reference outdated legislation.
Reviewing your will every three to five years — even if you believe nothing has changed — ensures that the legal framework around it is still aligned with your wishes. This does not always mean rewriting the will. Sometimes it means confirming that it still works. But confirmation is a deliberate act, not an assumption.
10. You Acquired Assets in Another Country
If you purchased property in the United States, started holding investments abroad, or acquired assets in another country, your Canadian will may not effectively deal with those assets. Some jurisdictions require a separate will for local assets, while others recognize foreign wills but with complications in probate. Cross-border estate planning requires specific expertise that a standard Canadian will does not provide.
How to Update Your Will
There are two ways to update a will. A codicil is a formal amendment that must be executed with the same legal formalities as the original will — signed in the presence of two witnesses. It is suitable for minor changes, such as updating a name or adding a small bequest. For anything more substantial, a new will is the better approach, because multiple codicils create confusion and increase the risk of conflict between provisions.
The cleanest path is to create a new will that explicitly revokes all prior wills and codicils. This eliminates ambiguity, ensures all provisions are internally consistent, and reflects your current situation in a single document.
At Wills Made Easy, updating an existing will is straightforward. If your situation has changed, a licensed legal professional can prepare a new will — along with an updated power of attorney and personal directive — in a single one-hour appointment. Find your city to get started, or check our flat-rate pricing — $395 for individuals, $495 for couples.