Why a Revoked Will May Still Be Invalid

(Even though Ontario no longer revokes Wills upon marriage, that change doesn’t apply retroactively—and a Will revoked under the old law remains revoked.)

A major shift in Ontario estate law took effect in 2022: marriage no longer revokes a Will.

Before that, under sections 15(a) and 16 of the Succession Law Reform Act (SLRA), getting married would automatically invalidate any previously made Will—unless it was specifically made in contemplation of that marriage.

With those provisions repealed by Bill 245, many Ontarians have wondered: If a Will was revoked by marriage under the old law, is it now valid again?

A recent case (Bolotenko v Wright Estate) clarified this issue. The court confirmed that the repeal of section 16 does not apply retroactively. In other words, if your Will was revoked by marriage before January 1, 2022, it is still considered revoked.

This decision is grounded in a longstanding legal principle known as the presumption against retrospectivity. Canadian law presumes that new legislation does not apply to past events unless Parliament or the Legislature clearly states otherwise.

For Ontarians, this case is a clear reminder:
-If you got married before 2022 and haven’t updated your Will, your original Will may be invalid.
-You could now be considered to have died intestate, leaving your estate to be distributed under Ontario’s default rules.

If your life or relationship status changed before 2022 and your Will hasn’t been reviewed since, now is the time to speak with an estate lawyer.