Can I Rewrite My Will After Getting Married in Canada?

Question from bob, Can I Rewrite My Will After Getting Married in Canada?

Answer from AI:

Understanding the Right to Rewrite a Will

In Canada, you have the legal right to rewrite or modify your will at any time, including after you get married. However, there are specific legal considerations and implications that come with rewriting a will as a married individual. It’s important to understand these to ensure that your assets are distributed according to your wishes after your death.

Legal Considerations for Rewriting a Will When Married

• Revocation by Marriage: In many provinces in Canada, getting married automatically revokes a will made prior to marriage, unless the will was made with the marriage in mind and this intention is clearly stated in the will. This means that if you have a will before marriage and do not update it, the law might consider it invalid once you are married.
• Spousal Rights: Under Canadian law, spouses may have entitlements to a portion of your estate upon your death, regardless of what your will states. This is particularly relevant in the absence of a valid will, where provincial family law and estate succession laws will determine how your estate is distributed.
• Updates Reflecting Life Changes: Rewriting your will after marriage allows you to reflect any new wishes regarding your spouse, possibly including them as a beneficiary or executor.

Steps to Rewrite Your Will

1. Review Current Will: Start by reviewing any existing will to understand what changes are necessary.
2. Consult a Legal Professional: It is advisable to consult with a lawyer who specializes in estate planning. They can provide guidance tailored to your specific circumstances and ensure that your new will is legally valid and reflects your current wishes.
3. Decide on Beneficiaries and Executors: Clearly identify who you want to benefit from your estate (e.g., spouse, children, other family members, friends, charities) and who will execute the will.
4. Sign and Witness the Will: Once drafted, your will needs to be signed in the presence of witnesses to be legally valid. The requirements for witnesses can vary by province.
5. Store the Will Safely: Ensure your will is stored in a safe place where your executor can access it when needed. Inform your executor and possibly other trusted individuals of its location.

When to Seek Legal Advice

It is highly recommended to seek legal advice when rewriting your will, especially if:

• You have a complex family situation (e.g., previous marriages, children from different relationships).
• Your estate includes significant assets or complicated elements such as business ownership.
• You wish to exclude your spouse or a child from the will, which can lead to potential legal challenges.

Consulting with a legal professional can help ensure that your will complies with local laws and truly reflects your intentions. For more information on wills and estate planning, you can visit the Government of Canada’s estate planning guide.

Remember, rewriting your will can help ensure that your estate is managed and distributed as you wish after your death, taking into account any changes in your personal circumstances, such as marriage.