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If you want your ex-spouse to be your executor, talk to your legal advisor about updating your Will to say so.
In some provinces and territories, if you have appointed a former spouse as executor, your divorce will revoke or cancel this appointment.
Getting married is one of these situations and the ideal opportunity to review your wishes for the distribution of your estate to ensure it goes to the correct people.
This principle was established by section 18 of the Wills Act 1837, which applies to wills executed before 1 January 1983 and states that “every will made by a man or woman shall be revoked by his or her marriage’ and section 18 of the Wills Act 1987 (substituted by section 18(1) of the Administration of Justice Act 1982, which applies to wills executed after the 1 January 1983 and states that “a Will shall be revoked by the testator’s marriage”.
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This case highlights the importance of keeping your will under careful review and ensuring that you are aware of how important life events may affect it.