With the implementation of the Wills Estates and Succession Act
("WESA") on March 31, 2014, marriage no longer
automatically revokes a will. Prior to WESA, marriage revoked
a will unless the will was made in contemplation of the
marriage. The assumption was that if the newlyweds passed
away before they returned from their honeymoon, they would not
intend that their pre-marriage wills should apply.
Wills made prior to WESA that were automatically revoked by
marriage prior to March 31, 2014 are not "revived" or
made valid again by WESA.
Prior to WESA, a separation without divorce had no effect on a
will. After WESA, a legal separation results in the will
being read as if the other spouse predeceased the will-maker. After
WESA, the end of a common law marriage-like relationship also
results in the will being read as if the former common law spouse
predeceased the will-maker.
