Will and Marriage

2022: The year your new marriage no longer killed your existing will

Written by
Alexandra Brugman

Associate Lawyer at Carson law office


One of the lesser-known legal “rules” that applied to all wills, was that a marriage after the creation of a will invalidated that will, unless a special clause was used “in contemplation” of the nuptials. This rule still applies to anyone who married before January 1st, 2022, and made a will prior to that marriage. Marriages AFTER January 1st, 2022, will no longer invalidate a will made by an individual prior to marriage, as deemed by the amendment to the Succession Law Reform Act. A testator may still want to speak with one of our lawyers to understand the affects that the marriage and the Family Law Act have on their estate planning wishes.

At least newlyweds of 2022 whom already have a will in place can rest easy knowing their happy occasion will not cause serious consequences to their wills’ validity.


Have questions about the new amendment to the Succession Law Reform Act?

Contact Alexandra brugman at:
905-336-8940 x 1002
alexandra@carsonlaw.ca


Definitions:
Testator - the person who gives instructions on their will; the person who the will is regarding

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