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Alberta > Wills and Estates:

What does marriage have to do with making a will?

It is an oddity of the law of wills that getting married invalidates a will whereas getting a divorce does not.

If you marry, any will you made before your marriage will be invalid unless you expressly state that the will was made in contemplation of marriage. Therefore, you should make a will that specifically mentions the person you are going to marry or else you should make a new will immediately after your marriage.

On the other hand, a divorce does not invalidate your will. If you make a will while you are married that leaves your entire estate to your spouse, then he or she will inherit it after you are divorced unless you make a new will.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

March 2000
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