Parr Business Law
By Steve Parr
July 30th, 2025
Life events such as marriage or divorce significantly impact estate planning.
In British Columbia, the Wills, Estates and Succession Act (WESA) clarifies what happens to your will following these major changes. Specifically, Section 56 of WESA addresses how the end of a marriage or marriage-like relationship affects testamentary gifts. This article explains the implications of marriage and divorce on wills, outlines the key provisions of Section 56, and provides guidance on steps to protect your estate planning intentions.
Key Takeaways:
- Marriage no longer revokes an existing will under WESA.
- Divorce or separation automatically revokes gifts and appointments to a former spouse unless explicitly preserved.
- Clearly stating your intentions in your will protects your wishes and avoids legal complications.
- Regular reviews of your estate plan are essential to align with your current life circumstances.
How Marriage Affects a Will
Under previous British Columbia law, marriage automatically revoked a person’s existing will. However, with the enactment of WESA in 2014, marriage no longer invalidates an existing will.
This change emphasizes the importance of proactive estate planning. If you marry and wish your spouse to inherit your estate, you must explicitly update your will. Without specific provisions, your new spouse may receive less than intended under intestacy rules.
How Divorce or Separation Impacts a Will
The primary effect of divorce or separation under Section 56 of WESA is that any provisions benefiting a former spouse are automatically revoked, provided no contrary intention appears in the will. This includes:
- Gifts or inheritances
- Appointments as executor or trustee
- Powers of appointment or other special powers
However, Section 56 does not revoke provisions for:
- Children from the marriage or relationship
- Any gifts or appointments explicitly preserved in the will
When discussing the revocation of certain rights or benefits under Section 56, it is essential to understand the specific conditions under which this revocation takes place. Notably, revocation only occurs if the spousal relationship has officially ended through legally recognized means such as divorce, annulment, or a permanent separation.
For instance, if a couple is separated but still has an intention to reconcile or if the separation is not intended to be permanent, then the rights associated with the spousal relationship would remain intact. This distinction is important to ensure that individuals understand the legal implications of their relationship status and the relevant provisions of the law regarding succession and the distribution of assets.
