The other day I met with Alison (not her real name) in my law office in Ottawa. We first met her about five years ago. At the time, she was a young, single professional just about to buy her first home. She knew the importance of ensuring her estate planning was done. She was now approaching another milestone in her life – marriage. She wanted to make sure her estate planning was in order before the big day.
I told Alison she had done the right thing to put estate planning on her wedding planning checklist. 
I explained that if you marry after signing a Will and if there is no mention in your Will that you were ‘contemplating marriage’ to your new spouse, your Will is effectively revoked by your marriage. The new spouse has the option to allow the Will to stand but this is rarely to the advantage of the new spouse.
Although not the case for Alison, re-marriage (or getting married for the first time) generally has no effect on an existing Power of Attorney document in which you appointed a former spouse (married or common law) as your substitute decision-maker. If you do not wish a former spouse to act under an existing Power of Attorney, revoke the document in writing or sign new documents which appoint someone else and, at the same time, revoke the previous documents. It is also important to notify any institutions, financial planners, and other professionals if you revoke or sign a new Power of Attorney document.
With wedding season in full swing, Alison is one of many brides-to-be (and grooms!) who needs to think about their estate planning. If you intend to marry or re-marry, don’t forget to add estate planning to your wedding planning checklist. You should review and possibly re-sign your Will with a special ‘in contemplation’ clause to ensure that your Will remains valid. If you and your new spouse do not have Wills and Powers of Attorney at all, begin your marriage with a healthy dose of peace of mind and do your estate planning. Whatever your situation, give us a call and let us help you check estate planning off your wedding planning checklist.
Reproduction of this blog is permitted if the author is credited. If you have questions or if you would like more information, please call us at 613 836-9915. This blog is not intended to be legal advice but contains general information. Please consult a lawyer or other professional to determine how the information in this blog might apply to you.
Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.
