A will isn’t a “set it and forget it” document. It reflects your family, finances, and wishes on the day you signed it. If your life has changed since then, your will may no longer do what you want, and your family will be the ones who deal with the consequences.
The short answer: update your will after any major life change, and review it every three to five years even if nothing seems to have changed.
Life events that should prompt an update
Marriage or a new partnership. In both Alberta and BC, marriage does not automatically cancel an existing will, so your old will may keep operating as though your new spouse didn’t exist. Both provinces also give certain rights to unmarried partners, so a new relationship is worth reviewing too.
Separation or divorce. Both provinces have rules that can treat gifts and appointments to a former spouse as if they never existed once a marriage ends, but the details depend on your situation. Separation alone often doesn’t trigger these rules, so don’t wait for a divorce to update your will.
Children, grandchildren, or blended families. Your will names guardians for minor children and sets how their inheritance is held and distributed. In blended families, a clear will helps ensure children from a previous relationship and a current partner are each treated as you intend.
Changes in a beneficiary’s circumstances. A beneficiary’s divorce, financial trouble, addiction, or disability can change how you want to leave them assets, for example through a trust instead of an outright gift.
A change in who you’ve named. If your executor (called a “personal representative” in Alberta’s legislation), guardian, or a beneficiary has died, become ill, or moved away, or your relationship with them has changed, your plan may not work as written.
A major change in your assets. Buying or selling property, starting or selling a business, receiving an inheritance, or a significant change in net worth can all make your will inaccurate or incomplete.
Moving between provinces or countries. Wills are generally governed by the law where you live and where your property is located. If you move between Alberta and BC, or own property in both, have your will reviewed.
Changes in the law. Estate, tax, and family laws change over time. A periodic review keeps your will aligned with current rules.
Warning signs your will may already be outdated
- You can’t remember where it is or what it says
- It names someone who has died or is no longer in your life
- It refers to assets you no longer own
- It was signed before a marriage, separation, or the birth of a child
- It was written before you moved provinces
What happens if you don’t update it?
If your will is out of date, assets may go to someone you no longer intended to benefit, or the person you named to manage your estate may be unable to act. Family members may dispute the will, and the legal process can become slower and more expensive. If there is no valid will at all, your estate is divided under provincial intestacy rules rather than your wishes.
Alberta and BC: what to know
| Alberta | British Columbia | |
| Governing law | Wills and Succession Act | Wills, Estates and Succession Act |
| Unmarried partners | Recognized as “adult interdependent partners” | Recognized as spouses after a qualifying period of cohabitation |
| Challenges to a will | Dependants can apply for family maintenance and support | Spouses and children can apply to vary a will |
| Name for the person who carries out the will | Personal representative | Executor |
Both provinces share the same core principle: a valid, current will is the best way to make sure your wishes are followed. The specifics differ, so a lawyer should review your situation, particularly if you have ties to both provinces.
How to update your will the right way
- Don’t write on your existing will. Crossing out names or adding handwritten notes can create doubt about your intentions and may cause problems.
- Choose between a codicil and a new will. A codicil is a formal amendment, which suits small changes. For larger or multiple changes, a new will is usually clearer and safer.
- Follow the signing requirements. Wills must meet your province’s rules for signing and witnessing. A lawyer makes sure they’re followed.
- Revoke old versions properly. A new will typically states that it replaces earlier ones. Keep track of where the current original is stored.
- Check your related documents. Beneficiary designations on RRSPs, TFSAs, and life insurance, plus your power of attorney and personal directive (Alberta) or representation agreement (BC), often sit outside your will and need their own review.
Frequently asked questions
How often should I review my will?
Every three to five years, and whenever a major life event occurs.
Does a divorce cancel my will?
Not entirely. Both provinces have rules that affect gifts and appointments to a former spouse, but the details vary and you shouldn’t rely on them. Update your will directly.
Can I just make changes myself?
Handwritten edits to a signed will can create doubt and disputes. Use a codicil or a new will prepared correctly.
Do I need a lawyer to update my will?
It’s not always legally required, but a lawyer helps ensure your will is valid, clear, and consistent with the rest of your estate plan.
What if I own property in more than one province?
Get legal advice. Different rules may apply to different assets.
Ready to review your will?
If your will hasn’t been looked at in years, or something has changed, a short review can save your family significant stress later. Our wills and estates team can help you update your plan so it reflects your wishes.
Contact our wills and estates team to book a will review
This article provides general information only and is not legal advice. Wills and estates law differs between Alberta and British Columbia and depends on your circumstances. Speak with a lawyer about your situation.