Building a will is one of the most caring and responsible steps you can take for yourself and your loved ones. A well-crafted will ensures your wishes are respected and the people who matter most to you are provided for. But life doesn’t stay the same for long, so neither should your will.
At Main Street Law, we often meet clients who haven’t revisited their wills in a decade or more, even as their circumstances and families have changed dramatically. An outdated will can mean your intentions aren’t carried out and could lead to legal complications for your estate. That’s why we recommend updating your will at least every two years, or any time you experience a major life event.
Here are the five key moments when you should absolutely update your will:
1. Marriage or Entering a Common-Law Relationship
Marriage is more than a celebration; it brings significant legal changes that can dramatically affect your will, especially in Alberta. For example:
- Marriage may void a previous will unless the will specifically mentions the marriage.
- New relationships require revisions to ensure your partner is included as a beneficiary or executor if that reflects your wishes.
- Common-law partners do not automatically inherit under Alberta’s Wills and Succession Act. Without explicit mention, they could be left out entirely.
What to do:
Update your will when your relationship status changes. Consider whether you want to name your spouse or partner as a beneficiary or executor. Don’t forget to revise related documents like personal directives and power of attorney as well.
2. Divorce or Separation
Ending a relationship is always complex, and the legal impacts extend well beyond day-to-day life. After divorce, certain terms that benefit your former spouse may be revoked under Alberta law, but your will isn’t automatically updated. If you’re separated but not legally divorced, your ex could still inherit or act as executor.
You’ll also need to revisit aspects like:
- Guardianship arrangements for children
- Real estate holdings or shared assets
- Financial gifts made during the relationship
What to do:
Update your will as quickly as possible after a separation or divorce. Remove your ex from responsibilities and assets as needed so your estate plan matches your current intentions.
3. The Arrival of a Child or Grandchild
Welcoming a child or grandchild is a major milestone with important legal considerations. Your will allows you to:
- Assign a guardian to protect your child or grandchild
- Set out wishes regarding education, health care, and finances
- Arrange a trust to manage an inheritance
What to do:
Add new children and grandchildren to your will. Clarify your preferences for guardianship and financial support. You may also wish to consult with an estate planning lawyer to discuss setting up a trust.
4. Major Changes in Finances or Assets
Have you bought or sold property? Started or sold a business? Come into a major inheritance? These financial shifts should trigger a review.
Changing assets can affect:
- How the estate is divided
- Who receives property or business interests
- Exposure to taxes and potential for disputes
What to do:
Update your will to reflect your current assets and intentions for their distribution. If you own a business, coordinate your estate plan with shareholder Agreements or other succession planning.
5. Death or Incapacity of a Key Person in Your Will
If a person you’ve named as guardian, trustee, executor, or beneficiary passes away or becomes unable to fulfill their role, you must revise your will. Significant changes in relationships, such as a falling out with an executor or beneficiary, are also reasons to make a change.
What to do:
Name alternate people for key roles so your wishes are still honored if someone is unable to act. Keep your backup plans up to date.
Bonus Tip: Review Your Will Every 2+ Years
Even without major life changes, commit to reviewing your will every couple of years. Laws evolve, families grow, and your wishes might shift. Regular reviews provide peace of mind and help prevent costly legal challenges for your family.
Why Keeping Your Will Up to Date Matters
An old or irrelevant will can cause:
- Loved ones to be accidentally left out
- An ex-partner remaining as executor or beneficiary
- Complications in probate due to outdated asset information
- Missed opportunities for tax planning or asset protection
Taking a few proactive steps ensures your family and estate are protected according to your wishes.
Main Street Law Can Help
At Main Street Law, we know estate planning can feel complicated. That’s why our approachable and knowledgeable lawyers are here to make the process straightforward and stress-free. Whether you’re newly married, expanding your family, dealing with a major transition, or just haven’t looked at your will in a while—we’re here to support your peace of mind.
Schedule a consultation today by calling 780.960.8100 or visiting mainstreetlaw.ca/wills-estates. Protect what matters most with clarity and confidence.
