How Marriage and Divorce Impact Your Legal Will

When it comes to estate planning, marriage and divorce are significant life events that can dramatically alter the terms of your will. Understanding how these changes affect your testamentary intentions under the Nova Scotia Wills Act is crucial to ensuring your estate is distributed according to your wishes.

How Marriage Affects Your Will

Marriage generally revokes an existing will. This means that, unless specific steps are taken, your carefully crafted estate plan might no longer be valid once you say, “I do.” Here’s what you need to know:

1. Automatic Revocation by Marriage:
   • Under Section 17 of the Nova Scotia Wills Act, a will is automatically revoked when the testator marries.
   • This default rule assumes that the marriage significantly changes the testator's circumstances, requiring a fresh estate plan.
2. Preventing Revocation:
   • You can prevent automatic revocation by including a clause in your will stating it was made in contemplation of marriage. For example:

     "This will is made in contemplation of my marriage to [name] and shall not be revoked by that marriage."

   • It’s essential that this clause refers to a specific marriage. A general statement about surviving future marriages is insufficient.
3. Impact of No Will After Marriage:
   • If your will is revoked and you don’t create a new one, your estate will be distributed according to the rules of intestacy. These rules prioritize spouses and children, which might not reflect your actual wishes.

How Divorce Affects Your Will

Divorce doesn’t revoke a will entirely, but it significantly impacts provisions involving your former spouse:

1. Revocation of Provisions for the Former Spouse:
   • Unless your will explicitly states otherwise, a divorce automatically revokes:
     • Any gift or inheritance left to your former spouse.
     • Any appointment of your former spouse as executor, trustee, or fiduciary.
     • Any general or special power of appointment given to your former spouse.
   • After a divorce, the will is read as if your former spouse predeceased you.
2. Exceptions:
   • If your will explicitly states that benefits for your former spouse remain valid post-divorce, those provisions will still be enforceable. For example:

     "I direct that all gifts, bequests, and appointments made in this will in favor of my spouse, [name], shall remain valid and enforceable, regardless of whether my marriage to [name] is terminated by divorce or declared a nullity."

3. Separation Agreements and Contracts:
   • Agreements made during separation, such as marriage contracts or settlement agreements, may include terms that override the default rules of the Wills Act. Ensure these agreements align with your estate plan.

Key Takeaways

• Marriage automatically revokes a will unless you include a clause stating it is made in contemplation of marriage.
• Divorce cancels gifts or roles for your former spouse unless your will explicitly states otherwise.
• If you’re planning a marriage or divorce, review and update your estate plan promptly to reflect your new circumstances and intentions.

Protect Your Legacy

Life changes can easily derail even the most well-thought-out estate plans. Whether you're entering into a new marriage or navigating a divorce, take care to ensure that your will continues to reflect your wishes. 

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