Separation changes everything about your estate plan — beneficiary designations, powers of attorney, and your will all need urgent attention.
Separation is one of the most important triggers for estate plan review in BC — and one of the most commonly overlooked. Many people assume that separation automatically cuts off an ex-spouse's inheritance rights. It does not, at least not until certain legal steps are taken. The consequences of inaction can be devastating.
The WESA Rule on Separation — and Its Limits
The *Wills, Estates and Succession Act* (WESA) s.56 provides that gifts and executor appointments to a former spouse in a will are revoked automatically on divorce. Note the word: divorce, not separation. If you separate from your spouse but do not yet have a divorce order, your existing will remains fully operative. If you die during the separation period without updating your will, your separated spouse may still inherit everything you intended to leave them.
This is not a hypothetical risk. Separations in BC can last years before a divorce is finalized. Many people die during that period without having updated their estate documents.
Update Your Will Immediately
The single most important step after separation is to execute a new will. A new will revokes all prior wills. You can appoint a new executor, change your beneficiaries, and address the changed circumstances of your life — including who will care for your minor children.
Beneficiary Designations Are Not Covered by WESA
This is the most dangerous misunderstanding in estate planning after separation. RRSPs, RRIFs, TFSAs, pension plans, and life insurance policies pass outside your will to named beneficiaries. WESA's automatic revocation on divorce does *not* apply to these designations.
If your separated spouse is named as beneficiary on your RRSP and you die, your separated spouse receives the entire RRSP — regardless of what your updated will says, regardless of your separation agreement, regardless of your intentions. You must contact each financial institution and insurance company directly and change the designation.
Powers of Attorney
Your Enduring Power of Attorney (EPA) — which authorizes someone to manage your finances if you become incapacitated — should be revoked if it names your separated spouse as attorney. A new EPA should be executed naming a trusted person you still wish to have this authority.
To revoke an EPA: give written notice of revocation to your attorney and, if any third parties (banks, land title offices) have been relying on it, notify them as well. Destroy all copies you have and request the return of any copies held by others.
Representation Agreement
Your Representation Agreement authorizes someone to make healthcare and personal care decisions on your behalf. If it names your separated spouse, execute a new one immediately. The process is straightforward — a two-page document signed in the presence of a monitor.
Who Gets Assets If You Die During Separation Without Acting?
Without a new will: your estate is distributed under your existing will. Your separated spouse may receive everything you left them under that will.
Without a will at all: BC's intestacy rules under WESA apply. A separated (but not divorced) spouse typically receives the first $300,000 of the estate plus a share of the balance. Your separated spouse could receive a significant portion of your estate.
Guardian of Minor Children
Your will can name a guardian for your minor children. This appointment is not binding on a court but is highly persuasive. If your separated spouse is living and has parental responsibilities, naming a guardian in your will speaks to who should step in if both of you are unable to care for the children. Update this appointment to reflect your current wishes.
Step-by-Step Post-Separation Estate Checklist
1. Execute a new will immediately.
2. Change beneficiary designations on all RRSPs, RRIFs, TFSAs, life insurance, and pension plans.
3. Revoke your EPA and execute a new one naming a trusted person.
4. Execute a new Representation Agreement.
5. Review joint account and joint tenancy arrangements — these pass by survivorship, not under your will.
6. Consult an estate lawyer to confirm all documents are properly executed and coordinated.
*This article is general information about BC estate law. It is not legal advice. Please consult a qualified BC estate lawyer for advice specific to your circumstances.*
No. Under WESA, gifts to a spouse in a will are revoked automatically only upon divorce — not separation. If you separate but do not yet have a divorce order, your existing will remains operative. You must update your will manually after separation.
Yes, unless you have changed the beneficiary designation. Registered account designations pass outside the will and are not affected by WESA's divorce revocation rule. You must contact your financial institution directly to update the designation. This applies to RRSPs, RRIFs, TFSAs, pensions, and life insurance policies.
You can revoke a power of attorney yourself by providing written notice of revocation to the person named as attorney. It is advisable to use a formal written revocation document, notify any institutions that have relied on the EPA, and execute a replacement immediately. A lawyer can help ensure the revocation is airtight.
BC's intestacy rules under WESA apply. A separated (but not divorced) spouse is still treated as a spouse for intestacy purposes and may receive the first $300,000 of the estate plus a share of the remainder. Your children receive a share of the balance. Having no will during separation can produce outcomes far from what you would have chosen.
A straightforward will can typically be drafted, reviewed, and executed within one to two weeks. In urgent circumstances — serious illness, major surgery, imminent travel — many estate lawyers will prioritisize the file. The cost of a properly drafted will is modest compared to the cost of dying with an outdated one.