Ask a Lawyer

Q. My first husband died many years ago, and I just re-married. I have had a will for years, leaving my estate to my children. I just heard that mywill is no longer valid. I want my children to inherit my assets. Do I really have to make a new will?

A. You are correct. In Ontario, a marriage automatically revokes a former Will. As such, unless you prepare a new Will, if you die, you will be deemed to have died intestate – without a Will. Therefore, the first $200,000.00 of your estate will go to your husband. And only after that will your estate be shared with your children. If that is not your intention, you should ensure that you prepare and sign a new Will to ensure that your wishes and your children are protected.