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Does marriage revoke my will in Canada?

It used to in most provinces. Several have abolished the rule — Ontario did so in 2022 — so the answer now depends on the province and the date of the will.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

It used to in most provinces. Several have abolished the rule — Ontario did so in 2022 — so the answer now depends on the province and the date of the will.

The Canadian position

Because the rule changed recently and not everywhere, an older will made before a marriage needs checking rather than assuming.

Divorce commonly revokes gifts to a former spouse and their appointment as executor.

The Islamic position

Marriage changes who the fixed heirs are, so the will needs revisiting regardless of what the revocation rule says.

Researched — the four schools agree

A husband takes one half where his wife left no child and one quarter where she did; a wife takes one quarter where her husband left no child and one eighth where he did. Ibn Qudama records this as the consensus of the scholars, and adds that co-widows share the one fraction between them however many there are.

All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — What a husband and a wife inherit.

Related madhhab issue: Making a wasiyyah — form, capacity and revocation.

What to do about it

  1. Review your will after any marriage or divorce.
  2. Check whether your province's revocation rule applied when the will was made.
  3. Redraft rather than assume.
Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
  3. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Marriage revokes will ontario — Treadstone Law
  2. Ontario will marriage divorce effect revocation — Treadstone Law
  3. Does marriage revoke a will ontario — Treadstone Law
  4. Does divorce revoke a will in ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law