A will made during your marriage continues to be valid during the period of separation until revoked. The separation, by itself, does not revoke the will or affect its validity. On reviewing your will, you may find that its terms are no longer appropriate for the period you are separated. In this case, you should take steps to change it or make a new will. If you do not have a will and die during the period of your separation, your estate or a portion of it may be distributed to your spouse under the provisions of theSuccession Law Reform Act.
Gary Joseph and Michael Stangarone are lawyers with Toronto’s MacDonald & Partners family-law firm.