Impact of Marriage, Divorce and Separation

(a) If a person gets married

Summary

Upon marriage, an existing will is revoked, except if (1) it is executed in contemplation of the marriage; or (2) the spouse elects in writing to take under the will within one year of the testator’s death; or (3) the will is made in exercise of a power of appointment.

Discussion

Pursuant to the NS Wills Act, a will is revoked by marriage, subject to three exceptions (s. 17). First, a will is not revoked by marriage if it is declared that it is being executed in specific contemplation of the same (s, 17(a)). Second, a will is not revoked by marriage if the surviving spouse elects, in writing, to take under the will within one year after the testator’s death (s. 17(b)). Third, an appointment of real or personal property pursuant to a power of appointment remains effective (s. 17(c))

(b) If a person gets divorced

Summary

Divorce does not revoke a will, but any bequest, appointment or conferral of power to the former spouse is revoked.

Discussion

Divorce does not revoke a will in Nova Scotia. However, pursuant to the NS Wills Act, any bequest, appointment or conferral of power to the former spouse is revoked on divorce (s. 19A). The former spouses may, however, contract out of such revocation; s. 19A provides an exception for situations where “a contrary intention appears by the will or a separation agreement or marriage contract” from the revocation.

(c) If a person becomes separated from their spouse

Summary

Separation has no impact on a will.

Discussion

In Nova Scotia, if a person is separated from their spouse but not divorced, there is no impact on that person’s will. Separation does not revoke a bequest, appointment or conferral of power made to a spouse.