Divorce is one of life's biggest transitions. It brings significant changes to your finances, your family, and your future. As you work through those changes, it is easy to focus on the immediate priorities such as dividing property, updating bank accounts, or finding a new place to live.

One important legal document is often overlooked: your will.

At Bridgestone Law, one of the most common questions we hear is,

The answer is no.

Many Albertans believe that once their divorce is finalized, their old will automatically becomes invalid. Unfortunately, this common assumption can lead to unnecessary complications later.

Under Alberta law, divorce may affect certain gifts or appointments involving a former spouse. However, the remainder of your will will generally continue to be legally effective.

Think of your will as a set of instructions you wrote for a different stage of your life.

When those instructions were created, you may have been newly married, purchasing your first home, or raising young children.

Years later, your family, finances, and priorities may look very different. If your will has never been reviewed, it may still reflect decisions that no longer align with your current wishes.

Reviewing your will after a divorce helps ensure that your estate plan reflects the life you have today, not the life you had during your marriage.

What Happens if My Former Spouse Is Named in My Will?

Many married couples leave their estate to each other and appoint one another as executor. At the time the will is signed, those decisions often make perfect sense.

After a divorce, however, circumstances change.

Your former spouse may still be named as:

• your executor

• a beneficiary

• the recipient of specific gifts

• the person responsible for carrying out your final wishes

Although Alberta law addresses some situations involving former spouses, relying on an outdated will can still create uncertainty and additional legal work during the administration of your estate.

Rather than leaving your family to determine how an older will should be interpreted, it is usually far simpler to review your estate plan and make sure it reflects your current intentions.

Why Choosing the Right Executor Is So Important

When people think about a will, they often focus on who will inherit their estate. Choosing the right executor is equally important.

An executor is responsible for administering your estate after your death. Depending on your circumstances, that may include:

• locating your assets

• paying outstanding debts and taxes

• applying for probate if required

• communicating with beneficiaries

• distributing your estate according to your will

This is a significant responsibility that requires organization, trustworthiness, and good judgment.

Ask yourself one simple question.

If you were preparing your will today, would you still choose your former spouse to manage your estate?

For many people, the answer is no.

You may now prefer an adult child, a sibling, a trusted friend, or a professional executor. Updating your will allows you to make that decision with confidence and provides greater clarity for your loved ones.

Separation Is Different From Divorce

Another common misconception is that separation has the same legal effect as divorce.

It does not.

Many couples remain separated for months or even years before their divorce is finalized. During that time, they often assume their former partner no longer has any role in their estate planning.

That assumption is not always correct.

The legal consequences of separation depend on your individual circumstances. Factors such as a separation agreement, court orders, and any new estate planning documents you prepare may all affect your legal position.

For that reason, it is often wise to review your estate plan as soon as you separate instead of waiting until the divorce is finalized.

A Practical Example

Imagine that Michael and Jennifer prepared their wills shortly after they were married.

Each appointed the other as executor and left their entire estate to the other.

Ten years later, they divorced.

Michael believed that once the divorce was finalized, all of his estate planning documents would automatically update themselves. Between work, family responsibilities, and adjusting to life after divorce, reviewing his will was something he intended to do later.

Unfortunately, later never came.

Several years afterward, Michael passed away unexpectedly.

His family was left trying to determine how Alberta law applied to a will that no longer reflected his wishes. Questions arose about who should administer the estate and how certain provisions should be interpreted. The estate became more complicated than it needed to be, creating delays, additional legal expenses, and unnecessary stress for the people he cared about most.

A simple review after the divorce could have helped avoid much of that uncertainty.

Why Updating Your Will Is Worth It

A divorce often marks the beginning of a new chapter in life. Your estate plan should evolve with you.

Reviewing your will gives you an opportunity to consider whether you would like to:

• appoint a new executor

• change who inherits your estate

• update gifts to family members or charities

• review guardianship provisions for minor children

• revise trusts that no longer reflect your family's circumstances

• ensure your estate plan aligns with your current goals

These decisions are highly personal. Updating your will allows you to make them intentionally instead of leaving outdated instructions in place.

When Should You Review Your Will?

You should consider reviewing your estate plan if:

• your divorce has been finalized

• you have recently separated

• you have entered into a separation agreement

• you have started a new long term relationship

• you have purchased or sold significant assets

• you have welcomed a child or grandchild

• you want to appoint a different executor

• you have not reviewed your will in several years

Even if you ultimately decide that no changes are required, meeting with an estate planning lawyer can provide peace of mind that your documents continue to reflect your wishes and comply with current Alberta law.

Protect Your Future With an Updated Estate Plan

Updating your will after a divorce is not simply about changing names on a document. It is about making sure your estate plan reflects the life you are living today and protects the people who matter most.

At Bridgestone Law, we help individuals and families throughout Calgary prepare and update wills, Enduring Powers of Attorney, Personal Directives, and other estate planning documents. We believe legal advice should be clear, practical, and tailored to your circumstances, so you can make informed decisions with confidence.

If you have recently separated or divorced, or if it has been years since you reviewed your estate plan, now is an excellent time to ensure your documents still reflect your wishes.

Contact Bridgestone Law today to schedule a consultation and take the next step toward protecting your family and your future.

Disclaimer: This article is provided for general informational purposes only and is based on Alberta law. It is not legal advice. Every estate planning situation is unique. If you require legal advice about your will or estate plan, you should consult an Alberta lawyer.