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Does Remarriage Cancel Your Ex-Spouse’s Beneficiary Status in Ontario?

Does Remarriage Cancel Your Ex-Spouse’s Beneficiary Status in Ontario?

Does Remarriage Cancel Your Ex-Spouse’s Beneficiary Status in Ontario?

Remarriage does not automatically remove an ex-spouse from your financial accounts, insurance policies, or registered assets in Ontario. 

Ontario law treats your will and your registered assets as two entirely separate matters, and each one requires its own update after remarriage. Without both in place, an ex-spouse can still inherit a significant portion of your estate regardless of your current marital status. 

Which Assets Require a Separate Beneficiary Update After Remarriage?

  • RRSPs and RRIFs
  • TFSAs
  • Life insurance policies
  • Workplace pension plans
  • Group benefits plans
  • Segregated funds (investment products held through insurance companies)

Ontario law removes the following entitlements upon divorce:

  • Executor or estate trustee status: An ex-spouse can no longer act as the trustee of your estate
  • Beneficiary rights under your will: Any gifts or bequests made to an ex-spouse in an existing will become void upon divorce
  • Intestacy rights: An ex-spouse cannot inherit if you die without a valid will in place

What Happens to Your Will After Remarriage in Ontario? 

Under section 16 of the Succession Law Reform Act, R.S.O. 1990, c. S.26, remarriage automatically cancels any will you made before the new marriage. Without a new will in place, Ontario law decides how your assets are divided, not you.

However, this protection applies only to assets that flow through your estate via your will. Registered assets with direct beneficiary designations bypass your estate entirely and land directly with whoever is named on the account or policy, regardless of what your will says or whether you have remarried.

A partner holding their spouse's shoulder

Steps to Take After Remarriage to Protect Your Estate

Updating your estate plan after remarriage requires more than drafting a new will. The following steps ensure your registered assets reflect your current intentions:

  1. Draft a new will immediately after remarriage with the assistance of an estate lawyer in Ontario
  2. Contact every financial institution where you hold an RRSP, RRIF, or TFSA and file an updated beneficiary designation form directly with each institution
  3. Contact your life insurance provider and submit a new beneficiary designation form to replace any existing designation in favour of an ex-spouse
  4. Notify your workplace pension plan administrator and group benefits provider of your remarriage and submit updated beneficiary designations
  5. Review your estate plan with a lawyer every time a major life event occurs, including divorce, remarriage, or the birth of a child

2022 Succession Law Changes and How It Affects Separated Spouses

Amendments to the Succession Law Reform Act came into force on January 1, 2022, extending separation protections beyond formal divorce. A separated spouse no longer inherits under a former partner’s will or intestate estate, provided all three of the following conditions are met:

  • The separation occurred on or after January 1, 2022
  • The spouses had been separated for at least three years at the time of death
  • A separation agreement, arbitration award, or court order resolving all family law issues was in place on or after January 1, 2022

Spouses who separated before January 1, 2022 and never formalized their separation may still hold inheritance rights under Ontario law.

Support Obligations That Survive Death

Outstanding spousal and child support obligations do not end when you die. Ontario law treats them as debts of your estate, paid in full before any assets reach your beneficiaries:

  • Court-ordered spousal support: Your estate must continue payments or provide a lump-sum amount representing the lost support
  • Child support obligations: Any outstanding child support under a court order or separation agreement becomes a debt your estate trustee must settle first
  • Life insurance requirements: Many separation agreements require the paying spouse to maintain life insurance naming the ex-spouse and children as beneficiaries to cover support after death
  • Dependent support claims: An ex-spouse who was financially dependent on you can file a claim against your estate within six months of probate being granted under the Succession Law Reform Act

Trusted Family Lawyer in the GTA 

An experienced estate lawyer in the GTA can review every component of your estate plan, identify outdated beneficiary designations across all registered assets, and ensure your new marriage is reflected accurately across your entire estate.

At Noori Law, we assist clients across the GTA with wills, estate planning, and beneficiary designation updates following remarriage, divorce, and other major life events. Shuter Law provides a thorough legal assessment of your position before any decisions are made.

Ready to update your estate plan after remarriage? Book a consultation with Noori Law today.

Hind went to law school at the University of Alberta. She has an undergraduate degree in Sociology from Dalhousie University and an undergraduate degree in Biology from Brock University.