When Should You Update Your Will in Ontario?

A Will is not something you should sign once and forget about. It is a living document that needs to evolve alongside your life. Many people create a Will but then leave it untouched for decades. The problem is that circumstances change, relationships change, and the law itself can change. If your Will does not reflect your current reality, your estate may not be distributed the way you want, and your loved ones could be left with confusion and disputes.

As an estate lawyer, I regularly meet clients who tell me they made a Will years ago and have not looked at it since. My response is usually, “That’s great, but does it still fit your life today?”. Creating a Will is an important first step, but making sure it still reflects your current circumstances is just as essential. Reviewing and updating your Will when needed can give you peace of mind that your estate plan will protect the people and causes you care about most.

Life Events That Require an Updated Will in Ontario

The most common reason to update a Will in Ontario is a major change in your personal or financial circumstances. Think of your Will as a snapshot of your life. When that snapshot no longer matches the present, it is time to make changes.

Marriage or a New Relationship

One of the most common times to revisit your Will is when your personal relationships change. Since January 2022, marriage in Ontario no longer revokes an existing Will, which means your new spouse may not automatically be included in the way you expect.

If you have recently married, you should review your Will to make sure your spouse is properly provided for. Without an update, they could be left in a difficult position if your current Will does not reflect your new circumstances.

For those in a common-law relationship, the situation can be even more concerning. In Ontario, common-law partners do not have the same automatic inheritance rights as married spouses. If your Will does not specifically provide for your partner, they may receive nothing from your estate. Updating your Will ensures that your intentions are respected and that your partner is protected.

When your relationship status changes it’s also a good time to reconsider who should act as your executor and how your estate should be divided between your new spouse or common-law partner, children, or other family members.

Divorce or Separation

Ending a relationship brings significant changes, and your Will should reflect them. In Ontario, divorce automatically revokes any provisions in your Will that benefit your former spouse, such as gifts or appointments as executor. However, other parts of your Will remain valid, which can create confusion or unintended results if the rest of your plan no longer makes sense.

Separation is even trickier. Simply living apart does not cancel provisions in favour of your spouse. Unless you create a new Will, your separated spouse could still inherit under your existing plan. For this reason, it’s important to prepare an updated Will as soon as possible after a separation or divorce to ensure your estate is distributed according to your current wishes.

Children or Grandchildren

The arrival of a child or grandchild is one of the clearest times to update your Will. Parents should appoint guardians for minor children to ensure they are cared for by the right people if something unexpected happens. You may also want to create a trust within your Will so that any inheritance is managed responsibly until the child is mature enough to handle it.

Grandparents should likewise revisit their Wills when grandchildren are born, whether by adding them as beneficiaries or setting up trusts to support their future needs. For a deeper look at these considerations, see my blog on estate planning for minor children.

Health Changes

Changes in health, whether your own or that of someone named in your Will, is an important reason to review and update your estate plan. If an executor develops serious health issues or becomes unable to act, you may need to appoint someone else to ensure your estate is managed effectively. Similarly, if a beneficiary’s circumstances change due to illness or disability, adjustments may be needed to protect their inheritance.

If your own health changes, reviewing your Will can ensure that your wishes are clear, that powers of attorney are aligned, and that your estate plan reflects any new priorities or concerns.

Changes in Assets

Major financial changes should always prompt a review of your Will. Buying a home, selling a business, or experiencing significant growth or loss in wealth can make your current estate plan outdated. If your Will was prepared when your assets were structured differently or your estate was smaller, it may no longer distribute your property in a practical or tax efficient way. Keeping your Will aligned with your financial reality helps avoid unintended outcomes.

Relocation

Moving out of province is also a critical time to revisit your Will. Estate laws differ across provinces and countries and a document that is valid in one jurisdiction may not be enforceable in another. Reviewing your Will after a move ensures it complies with local laws and continues to carry out your wishes effectively.

Legal or Tax Changes

As you review your Will in response to personal and family changes, it’s also important to consider the legal landscape. Changes to Ontario’s estate laws or tax rules can directly affect your Will. For example, a 2022 change in Ontario law updated the rules so that marriage no longer automatically revokes a Will made after that date. This means that older Wills drafted before this update do not automatically provide for a new spouse or reflect current inheritance rules.

Other outdated documents might include obsolete executor instructions, unclear beneficiary designations, or references to laws that have since changed. Reviewing your Will ensures that it remains valid, reflects your intentions, and complies with current legislation.

While general information is available through resources such as the Ontario Ministry of the Attorney General, the best way to ensure your Will remains valid and effective is to seek legal advice specific to your situation.

When and How to Update a Will in Ontario

Knowing when to review your Will and how to update it correctly is essential to make sure your estate plan reflects your current life and wishes. Major life events, changes in assets, or updates in the law are all reasons to revisit your Will, but even without big changes, regular reviews help prevent problems later.

In Ontario, there are two main ways to update a Will. A codicil is a short document that makes specific amendments to your existing Will. It works well for minor changes, such as updating an executor, adding a new beneficiary, or correcting a small detail. Like a Will, a codicil must be signed and witnessed properly and stored safely with your original document to be valid.

Creating a new Will is another option. Starting fresh with new documentation will help ensure your wishes are expressed clearly without relying on multiple codicils and is the best option to avoid confusion for your executor and beneficiaries.

Even if nothing major has changed, I recommend reviewing your Will every three to five years. This does not always mean rewriting it, but it gives you a chance to confirm that it still reflects your wishes and to discuss any updates in Ontario law that could affect your estate. Think of it like maintaining your home or car, regular checks prevent small issues from becoming bigger problems.

While some people update their Wills using handwritten changes or online templates, these approaches can sometimes create unintended issues. Working with an estate lawyer helps ensure that updates are legally valid, properly witnessed, and less likely to be challenged. Professional guidance can also help you see the bigger picture, including for example how your Will interacts with beneficiary designations on life insurance, how trusts may be used to protect loved ones, and ways to manage taxes and probate efficiently.

Updating your Will ensures your estate plan remains accurate and reflects your current life. As an estate lawyer in Ontario, I aim to make this process straightforward and stress-free. If you are unsure whether your current Will still works for you, I invite you to reach out for a consultation. Together, we can ensure your estate plan is clear, valid, and tailored to your life today.

This article is intended for informational purposes only. For personalized advice tailored to your specific circumstance, please reach out to the E is for Estates team.

Erin L. Watson, B.A., JD

Lawyer & Notary Public

E is for Estates