British Columbia Law

Why You Must Update Your Will the Day You Separate in BC

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

You have separated from your spouse. You have hired a lawyer. You are negotiating property division and parenting arrangements. You are managing the emotional upheaval of family breakdown.

And one of the most important legal tasks of all is completely overlooked: updating your will.

Here is why this matters - and why it must happen immediately.

Separation Does Not Revoke a Will in BC

In many provinces and countries, marriage automatically revokes an earlier will. But in British Columbia, separation does NOT automatically revoke a will. If you die while separated - even if divorce proceedings are underway - your will remains in force exactly as written.

If your will names your spouse as executor and beneficiary, and you die before the divorce is final, your spouse will inherit your entire estate - regardless of property settlement negotiations or your intentions.

This is not theoretical. It happens, and the consequences are devastating:

• Your intended heirs - children, parents, siblings - receive nothing

• Your separated spouse receives everything

• Your estate becomes entangled in the legal estate of the very person you have separated from

• Your family's relationships become further damaged

When Does Divorce Actually Revoke a Will?

In BC, a divorce order - a final court judgment ending the marriage - does revoke the spousal provisions of a will. Specifically, any gift to the spouse and the appointment of the spouse as executor are automatically revoked.

But divorce takes time. In contested cases, divorce can take 1-5 years. During all that time, your separated spouse remains your legal spouse - and your will, as written, would benefit them.

What to Do Immediately Upon Separation

The moment you separate, you should:

Execute a new will that removes your spouse as beneficiary and executor, and appoints someone you trust - an adult child, a trusted family member, or a professional executor.

Consider a living will / advance directive that addresses medical decisions if you become incapacitated. Your separated spouse should not be making life-or-death decisions for you.

Update the designation of beneficiaries on registered accounts - RRSPs, TFSAs, life insurance, and pensions often have named beneficiary designations that pass outside the will. If your spouse is named, update these immediately. A beneficiary designation overrides your will.

Review your bank accounts and property titles to ensure your spouse is not listed as a joint owner or payable-on-death beneficiary.

Secure a copy of your new will in a safe place - with your lawyer, in a safety deposit box, or held by a trusted family member.

What Happens if You Die Without Updating Your Will?

Scenario: You separate, negotiations are ongoing, and you die in a car accident one year later. Your will, unchanged, leaves everything to your spouse and names them as executor.

Result:

• Your spouse inherits your entire estate

• Your children may receive nothing (unless your spouse voluntarily shares)

• Your parents receive nothing

• Your separated spouse controls your funeral, your digital assets, and the distribution of your property

• Your family members must take legal action to challenge your spouse's control - at enormous cost

This is entirely avoidable with a simple, inexpensive will update.

Can You Protect Yourself Without Updating Your Will?

Technically, yes - by creating a separation agreement that addresses estate matters. A family law separation agreement can include clauses requiring each party to maintain life insurance naming the children, or to keep designated assets in trust for them.

But this does not solve the core problem: your will remains written in your spouse's favour. A separation agreement cannot substitute for an updated will.

The Cost of Delay

Updating a will is inexpensive - typically $400–$1,200 with a lawyer for a basic will, or less for a simple update, or even less for a simple update. The cost of not updating a will is incalculable:

• Lost inheritance for your intended beneficiaries

• Family conflict and litigation

• Legal fees to challenge your spouse's authority

• Delay and stress during probate

Our Recommendation

At Sea to Sky Law™, we always advise separating clients: update your will on the same day you receive separation advice. It takes an hour, it costs very little, and it protects your family's interests.

If you are separating, contact us immediately for a family law consultation. We will review your will, your property, and your beneficiary designations, and ensure that your estate is protected and your intentions are clear.

This is too important to delay.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.