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Updating your will and beneficiaries after separation

Separation reshapes almost every aspect of your financial life. Your bank accounts, your property, your debts — all of it comes under review. But one thing a surprising number of people leave sitting exactly where it was: their will.

If you haven't updated your estate planning documents since separating, there is a chance your former spouse is still first in line to inherit everything you own. In BC, the law offers some protection — but not as much as most people assume.

What BC law does (and does not) do automatically

Under BC's Wills, Estates and Succession Act (WESA), certain gifts to a former spouse are revoked when a marriage ends — but only you have a final divorce, or when your separation is deemed to be permanent. Separation alone does not always trigger those protections.

The short answer, do a new will. It is worth the investment.

This matters more than most people realize. If you and your spouse separate but have not yet obtained a divorce order, and something happens to you in the meantime, your existing will could still be fully enforceable exactly as written.

What WESA does not do is remove a former spouse as executor, as trustee of a children's trust, or as beneficiary on assets that pass outside your will entirely. That last category is a big one (think of your life insurance, for example).

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Important

Registered accounts like RRSPs, RRIFs, TFSAs, and life insurance policies pass directly to named beneficiaries — they bypass your will entirely. WESA has no authority over them. Whoever you named ten years ago is still named today, unless you change it yourself.

The accounts and assets you need to review

Estate planning after separation is about more than updating a document. It's about looking at every place your money and assets are designated to go, and making sure each one reflects what you actually want now.

Here is where to look:

  • RRSPs and RRIFs: Check the beneficiary designation on file with your financial institution. Update it directly with them — not through your will.
  • TFSAs: Same process. The successor holder or beneficiary named on your TFSA account controls where those funds go.
  • Life insurance policies: Contact your insurer to update the beneficiary. If you have group coverage through an employer, your HR department can tell you how to update it.
  • Pension plans: Many pension administrators have specific forms for beneficiary designations. Check whether your pension has a survivor benefit and who it flows to.
  • Your will itself: Even with WESA's partial protections kicking in at divorce, a clean and current will is far better than relying on default rules.
  • Powers of attorney and representation agreements: If your former spouse was named to make financial or health decisions on your behalf, now is the time to revisit those documents as well.

Children, trusts, and who you actually want in charge

One area where people often focus narrowly on beneficiary designations but miss a bigger issue: if you have children, who are you naming as trustee to manage any inheritance until they reach adulthood?

If your former spouse is still named as trustee, that means they could be managing significant assets on behalf of your children — even if the two of you are in the middle of a difficult separation. That may not be the arrangement you want.

This is also a good moment to think about who you are naming as executor of your estate. Your former spouse may have been the obvious choice when you wrote your will together. They may not be the right choice now.

Planning note

If you have minor children, consider speaking with a lawyer about how to structure their inheritance in a way that reflects your current family situation — including who you trust to manage it on their behalf.

When cohabitation ends, the rules are different

If you were in a common-law relationship rather than a marriage, WESA's automatic revocation provisions do not apply in the same way. A will made during that relationship may remain fully valid after you separate from your partner.

Common-law separations often fly under the estate planning radar because there is no formal divorce process to prompt a review. If you are coming out of a common-law relationship, updating your estate documents is just as urgent — possibly more so.

The timing question: how soon is soon enough

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As soon as possible. Ideally, right now.

People often put estate planning on a long list of things to get to after the dust settles. But the dust can take time to settle, and a lot can happen in the meantime. Updating beneficiary designations on registered accounts takes very little time and can often be done through your financial institution directly, without waiting for your separation to resolve legally.

Your might be a bit more involved — but a lawyer can help you put a will in place relatively quickly.

Where Pathway Legal fits in

We are often the people sitting across from clients who have just realized their will is years out of date and their ex is still their primary beneficiary. That conversation matters, and we do not want you to let it slip by.

Some of the lawyers on our team handle estate planning work connected to a family law matter they are already involved in. Others prefer to focus solely on the family law side. Our suggestion: talk to your Pathway lawyer about it. Together, you can assess the complexity of what needs to be updated and decide whether it makes sense to handle it within Pathway with your current lawyer or another team member, or if you wish to get a referral to an estates specialist who is the right fit for your situation.

Either way, the conversation starts with us. If you are at the beginning of your separation or working through a separation agreement, we can help you see the full picture and make sure nothing important falls through the cracks.

Ask Journey – Updating your will and beneficiaries after separation FAQ
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Updating your will and beneficiaries after separation: What you need to know legally

Real questions. Straight answers. No legal jargon required.

Not in BC — not until your divorce is finalized or until your separation is considered permanent if you are not married. Separation alone does not trigger the automatic revocation provisions under Wills, Estates & Succession Act, aka WESA. Until your divorce order is granted, a will made during your marriage may still stand as written. This is one of the most common — and costly — misconceptions we see.

Yes, and we encourage it. You do not need to wait for a final separation agreement or a divorce order to update the beneficiary designations on your registered accounts and insurance policies. You can contact your financial institution or insurer directly and make changes now.

If your divorce was not yet finalized, or your separation may not have been considered by others to be permanent, your existing will may be enforced as written, which could mean your former spouse inherits assets you intended for your children or other people. WESA does provide some protection after divorce — but not before. This is exactly why updating your documents promptly matters so much.

Not exactly. The automatic revocation rules in WESA are tied to marriage and divorce. If you were in a common-law relationship, the end of that relationship does not automatically revoke gifts to your former partner under an existing will. You will need to take active steps to update your estate documents.

It depends on the circumstances, but most separation agreements focus on dividing property, addressing support, and setting out parenting arrangements — not on estate planning going forward. That is a separate conversation. Your separation lawyer can flag the intersection points, but the actual documents will be handled separately.

A note on how Pathway Legal works

We are a client-focused resolution-first law firm. That means we believe going to court is almost always the last resort, not the first move. Court takes many months, and sometimes years. It costs more than most families expect. And it rarely gets anyone to a better outcome than good negotiation would have.

We will always tell you the truth about your options. We will not push you toward a process that serves our billables over your family. And if we think you need something we can not provide, we will tell you that too.

That is what Pathway means to us: a way through this that actually leads somewhere worth going.


This article is for general informational purposes only and does not constitute legal advice. Family law is fact-specific and the law changes. Reading this does not create a lawyer-client relationship with Pathway Legal. For advice about your situation, consult a qualified BC family law lawyer.