It is important to note that the Wills Act provides that unless a Will is made in contemplation of marriage, it will be revoked upon marriage. Accordingly, it is important to ensure that you seek advice prior to marriage to avoid your Will being revoked and your estate being distributed under the Estate Administration Act.

Upon divorce, a Will is not revoked. However, a designation of an ex-spouse as an executor is invalid. Similarly any designation of an ex-spouse as a beneficiary is invalid. While these provisions do not govern spouses who have only separated, but not divorced, there is other law that may apply in a claim to benefit in an estate of a former partner.

At South Point Law Centre, we recommend that you prepare a new Will in the event of marriage, separation or Divorce.

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