Do You Need a New Will After Separation or Divorce in Alberta?
Separation and divorce bring major life changes—and your estate plan should reflect them. Many Albertans assume that once a relationship ends, their will automatically updates itself. In reality, that is not always the case.
Failing to update your will after separation or divorce can result in unintended beneficiaries, outdated executor appointments, or disputes among family members. This article explains how separation and divorce affect wills in Alberta, what changes occur automatically, and when you need to take action.
How Separation and Divorce Affect a Will in Alberta
Under Alberta law, separation and divorce can affect certain provisions in a will—but only in limited ways.
Generally:
- A divorce may revoke gifts to a former spouse and remove them as executor, unless the will states otherwise
- A separation does not automatically revoke gifts or appointments
This means that after separation, your former spouse may still inherit under your will unless you update it.
The Wills and Succession Act (Alberta) provides that a will is not revoked by a marriage of the testator or the testator entering into an adult interdependent relationship.
Why Separation Is Especially Risky
Many people remain separated for months or years before a divorce is finalized. During this time:
- An ex-spouse may still be named as beneficiary
- An ex-spouse may still be appointed as executor
- Your current wishes may not be reflected in your estate plan
If you die while separated and your will has not been updated, the outcome may be very different from what you intended.
Beneficiary Designations Are Often Overlooked
Even if your will is updated, certain assets pass outside the will, including:
- RRSPs and TFSAs
- Life insurance policies
- Pension benefits
These assets are paid directly to the named beneficiary. If your former spouse is still listed, they may receive the asset regardless of what your will says.
A coordinated estate plan ensures beneficiary designations align with your current intentions.
Executor Appointments and Practical Concerns
After separation or divorce, many people no longer want their former spouse acting as executor. However, unless your will is updated, they may still be legally entitled to do so.
Executor duties can be complex and time-consuming. For background on executor responsibilities and compensation, you may find it helpful to read about executor compensation in Alberta.
When a Codicil May Not Be Enough
Some people consider using a codicil to remove a former spouse from their will. While a codicil can work for limited changes, it may not be appropriate when:
- Multiple updates are required
- Family circumstances are evolving
- The existing will is no longer suitable
In many cases, drafting a new will is clearer and safer than making piecemeal changes.
Common Mistakes After Separation or Divorce
Mistakes that frequently lead to disputes include:
- Assuming separation automatically changes the will
- Forgetting to update beneficiary designations
- Leaving executor appointments unchanged
- Relying on informal notes or handwritten changes
These issues often surface during probate, when it is too late to correct them easily.
How a Lawyer Can Help
A wills and estates lawyer can help you:
- Review how separation or divorce affects your current will
- Update beneficiaries and executor appointments
- Ensure your estate plan reflects your current family structure
- Reduce the risk of future disputes
Learn more about how Libra Law supports clients through its wills and estates services in Alberta. You can also explore related topics in Libra Law’s estate planning articles.
Update Your Estate Plan With Confidence
Separation or divorce is the right time to review your estate plan—not later. Clear, updated documents can protect your intentions and provide peace of mind during a difficult transition.
The Wills & Estates team at Libra Law provides practical, plain-language guidance to clients across Alberta. You can contact our firm to discuss updating your will after separation or divorce and move forward with clarity.
This article is for general informational purposes only and does not constitute legal advice. To obtain advice specific to your situation, please consult a lawyer or qualified professional.
