Estate Planning

Marriage No Longer Cancels Your Will in Ontario: The 2022 Changes

Ontario changed its will rules in 2022. If you have married, separated or written your own will, here is what you need to know.

A senior couple reviewing documents together

Ontario's Succession Law Reform Act changed on January 1, 2022. Three changes affect many families.

The short answer

Marriage no longer cancels an existing will, separated spouses may be treated as if they died first, and courts can now validate a will that wasn't signed perfectly. Review your will after any big life change.

1. Marriage no longer revokes a will

Signing a document with a fountain pen

For marriages on or after January 1, 2022, an existing will stays valid after marriage. If you marry, review your will so it says what you want.

2. Separated spouses

If spouses were separated when one died, the surviving spouse may be treated as if they died first for gifts in the will, and can't inherit if there is no will. Separation includes, for example, living apart for three years, or having a separation agreement.

3. Courts can validate imperfect wills

If a will wasn't signed or witnessed exactly as required, a court can now order that it is valid if it shows the person's real testamentary intentions.

Still: sign it properly

Court validation takes time and money. A properly signed and witnessed will avoids that.

When to review your will

  • Marriage, separation or divorce.
  • A new child or grandchild.
  • A move, a new property or a new business.
Talk to NEO

NEO can commission and notarize documents, and refer you to an estates lawyer for wills, estates and powers of attorney. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.

Sources

Read next: Handwritten Wills in Ontario: Are They Valid?

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

Photos from Pexels: A senior couple reviewing documents together · Signing a document with a fountain pen.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.

Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.

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Law Society of Ontario — Barreau de l'Ontario
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