Life changes such as getting married or divorced can have a significant impact on your estate plan. Many people assume their will continues to reflect their wishes after these events, but under British Columbia’s Wills, Estates and Succession Act (WESA), that is not always the case.

If you’ve recently married or divorced, or are considering either, reviewing and updating your will is critical to ensure your estate is distributed the way you intend.

Does Marriage Revoke a Will in BC?

Unlike some other provinces in Canada, marriage does not automatically revoke a will in British Columbia. That means if you made a will before getting married, it remains valid after the marriage.

However, this can create unintended consequences. For example:

• If your will was made before your marriage, it may not provide for your new spouse at all.
• Failing to update your will could leave your spouse having to rely on legal remedies, such as bringing a claim against your estate, to receive support.
• Gifts or appointments in your old will may no longer reflect your new family circumstances.

Does Divorce Revoke a Will in BC?

Divorce in BC also does not revoke an entire will, but it does affect certain parts of it. Under WESA:

1. Gifts to a former spouse are automatically revoked.
2. Appointments of a former spouse as executor, trustee, or guardian are also revoked.
3. The rest of your will remains valid.

This means your will may be left with gaps or unintended results after divorce. For example, if your former spouse was your sole executor, your will may no longer name anyone to handle your estate.

Why Updating Your Will Matters

Major life changes like marriage or divorce are important reminders to review your estate plan. Updating your will ensures:

1. Your spouse or partner is properly provided for
2. Your chosen executor and guardians are still appropriate
3. Your estate is distributed according to your current wishes
4. Potential disputes among family members are minimized

Beyond updating your will, you may also need to review related estate planning documents such as Powers of Attorney and Representation Agreements, to reflect your new circumstances.

Protect Your Estate With Legal Guidance

Estate planning in BC is complex, and relying on outdated documents can leave your loved ones in a difficult position. Whether you are getting married, divorced, or simply experiencing other life changes, an experienced estate planning lawyer can ensure your will is up to date, legally enforceable, and tailored to your unique situation.

At Sitka Law Group, we provide personalized advice on wills and estate planning under BC’s Wills, Estates and Succession Act. Our team will work with you to protect your loved ones and give you peace of mind.

Contact us today to book a consultation. We’re conveniently located on Shelbourne Street, near the intersection of Victoria, Oak Bay, and Saanich.

This article is current as of October 23, 2025, and it is intended for general information purposes only. It is not intended to provide legal advice and should not be considered legal advice. Readers with concerns about how this affects particular situations or transactions should obtain the independent review and advice of legal counsel.