In Alberta, divorce has no effect on a will made during marriage. If a person has made a will that leaves everything to their spouse, the will is not automatically revoked or otherwise affected by a subsequent divorce. If the person who made the will dies without changing their will or remarrying, everything would go to their former spouse in accordance with the pre-divorce will. In many Canadian and foreign jurisdictions the result would be different. Although the details vary from jurisdiction to jurisdiction, the relevant legislation generally says that divorce automatically revokes gifts to a former spouse in a will, unless it clearly appears from the will that the gift was intended to survive the divorce. After discussing arguments for and against such a rule, this report recommends that the same rule should be adopted in Alberta by an appropriate amendment to the Wills Act. The report also suggests that the new legislation use specific wording to ensure that these alterations not be retroactive, and that any contractual obligations between the former spouses be protected.
Final Report
Back to Publication SearchEffect of Divorce on Wills, Final Report 72
Resource Details
Publication No: | 72 |
FORMAT: | Publications |
TAGS: | complete, partial, revocation, dissolution, divorce, marriage, testator, will |
FILE: | fr072.pdf |