Ontario Estates Law Practice Exam

In Ontario, the effect of a divorce on a will is that it automatically revokes any gifts or appointments made to the former spouse. This means that if a person gets divorced, any provisions in their will that were intended for their ex-spouse are treated as if they never existed. The law intends to prevent individuals from unintentionally benefiting their former spouse after a divorce, reflecting the understanding that their relationship has ended and the wishes regarding asset distribution have likely changed.

This automatic revocation applies specifically to gifts and appointments; it does not nullify the entire will or invalidate the other provisions that do not pertain to the ex-spouse. Therefore, the remaining will is still valid and enforceable, while the former spouse's gifts are removed from consideration.

Other options do not align with the law. For example, stating that a divorce does not affect the will at all would be inaccurate, as there is a clear impact by revoking certain gifts. Additionally, the idea that a divorce nullifies the entire will is incorrect, as it is only specific provisions that are revoked. Finally, asserting that a divorce only affects joint assets similarly misunderstands the broader implications of divorce on the provisions specified in a will.