Update Your Will After Divorce in Alberta: What the Law Does (and Doesn't) Do
Update Your Will After Divorce in Alberta: What the Law Does (and Doesn't) Do
Alberta's Wills and Succession Act automatically revokes any provision in your will that names your ex-spouse — treating them as if they predeceased you. That sounds protective. But the automatic revocation is narrower than most people think, and the gaps can cost your family everything.
What the Wills and Succession Act Automatically Revokes
Once your divorce is final (Certificate of Divorce issued after the 31-day appeal period), Section 25 of the Wills and Succession Act automatically:
- Revokes any gift or bequest to your ex-spouse in your will
- Removes your ex as executor or trustee
- Treats your ex as if they predeceased you for the purposes of the will
This happens without you filing any paperwork. The moment your divorce is final, those provisions are legally void.
What It Does NOT Revoke
The automatic protection stops at wills. These instruments are untouched by your divorce:
Beneficiary designations on RRSPs, RRIFs, TFSAs, life insurance policies, and private pensions. These are contractual — the financial institution pays whoever is named on the designation form, regardless of your divorce or will.
Powers of Attorney. If your ex holds your Power of Attorney, they can still access your bank accounts, sell your property, and make financial decisions. Divorce does not revoke this.
Personal Directives. If your ex is named as your agent for health care decisions, that authority survives your divorce.
Joint tenancy. If you own property as joint tenants with your ex, the right of survivorship means they automatically inherit your share upon death — your will doesn't even apply to jointly held property.
The Separation Period Gap
The Wills and Succession Act only triggers after the divorce is final — not during separation. If your separation lasts a year or more (common in Alberta, where you must be separated for 12 months before filing for divorce), your ex-spouse remains the beneficiary of your will for that entire period.
If you die during separation, your estranged spouse inherits everything your will gives them. This is why estate lawyers strongly recommend executing a new will immediately upon separation — don't wait for the divorce to be finalized.
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Why You Should Still Update Your Will
Even though the automatic revocation removes your ex, your existing will now has holes:
- No executor. If your ex was named as executor, that role is now vacant. Without a named executor, the court must appoint an administrator — causing delays and costs for your family.
- Residual beneficiary gaps. If your ex was the residual beneficiary (receives whatever isn't specifically bequeathed), that share may now pass under intestacy rules rather than to someone you'd choose.
- Outdated guardianship provisions. If your will names guardians for your children, the custody arrangements from your divorce should be reflected.
- Changed financial picture. Post-divorce, your assets, debts, and dependents are different. Your will should reflect your actual estate.
The Post-Divorce Estate Plan Checklist
Execute a new will — don't rely on the automatic revocation. Name a new executor, update your beneficiaries, and reflect your current custody arrangements. Cost: $225–$1,500 with a lawyer, depending on complexity.
Revoke existing Powers of Attorney — execute a formal revocation document and notify anyone who holds copies of the old POA. Execute a new one naming someone you trust (a parent, sibling, or close friend).
Revoke your Personal Directive — same process. Execute a new one naming a new agent for health care decisions.
Update beneficiary designations on every registered account and insurance policy. Contact each institution individually with a Change of Beneficiary form.
Sever joint tenancy — if you still hold property jointly with your ex (not yet transferred), convert it to tenancy in common so your share passes through your will rather than automatically to your ex.
Common Mistakes
Assuming the automatic revocation covers everything. It covers wills only. Beneficiary designations, POAs, and Personal Directives require manual action.
Waiting until after divorce. Update your will and POA during separation. The automatic revocation doesn't apply during the separation period.
Forgetting group benefits. Your employer's group life insurance, AD&D, and pension death benefits likely name your ex. Contact HR to update these — they're separate from your personal policies.
Not telling your new executor. Wherever your will is stored (lawyer's office, safety deposit box, home safe), your new executor needs to know the location.
The Alberta After-Divorce Checklist covers the complete estate planning update sequence — including a beneficiary tracker worksheet for every account type — so nothing gets missed in the transition.
Get Your Free Alberta — After-Divorce Life-Admin Checklist
Download the Alberta — After-Divorce Life-Admin Checklist — a printable guide with checklists, scripts, and action plans you can start using today.