Under The Wills Act, 1996, Section 19, divorce in Saskatchewan automatically revokes any gifts to your former spouse in your will, treats your ex-spouse as having predeceased you, and removes them as executor or trustee. However, this automatic revocation does not extend to beneficiary designations on RRSPs, TFSAs, life insurance policies, or pension plans, which must be manually updated within 30 days of your divorce being finalized. Saskatchewan probate fees are $7 per $1,000 of estate value (0.7%), meaning a $500,000 estate would incur $3,500 in court fees alone, making proper estate planning after divorce essential to minimize costs and ensure your assets pass to your intended beneficiaries.
Key Facts: Estate Planning After Divorce in Saskatchewan
| Requirement | Details |
|---|---|
| Will Revocation | Spousal gifts automatically revoked under Section 19 of The Wills Act, 1996 |
| Beneficiary Designations | Must be manually updated; divorce does not change RRSP/TFSA/insurance beneficiaries |
| Probate Fees | $7 per $1,000 of estate value (0.7%) plus $200 filing fee |
| Power of Attorney | Not automatically revoked; requires formal written revocation |
| Health Care Directive | Spousal proxy appointment revoked upon divorce |
| Dependants Relief Claim | Former spouse may claim within 6 months of probate if separated less than 2 years |
| Legal Fees Cap | Attorneys limited to $1,500 plus 1% of first $500,000 |
How Divorce Affects Your Existing Will in Saskatchewan
Divorce automatically revokes all provisions in your will that benefit your former spouse under The Wills Act, 1996, Section 19. This means any property left to your ex-spouse, their appointment as executor, and any powers of appointment granted to them are treated as if your former spouse predeceased you. The remainder of your will remains valid and enforceable. For example, if your will left 50% of your estate to your spouse and 50% to your children, after divorce your children would receive the entire estate under the default interpretation that your ex-spouse died before you.
The automatic revocation under Section 19 applies when your marriage is terminated by divorce, declared void, or annulled by a court. This protection exists specifically to prevent inadvertent inheritance by a former spouse when testators fail to update their wills promptly after divorce. However, Section 19 only applies if no contrary intention appears in the will itself. If your will contains language stating that gifts to your spouse should continue despite divorce, those provisions may remain enforceable.
Saskatchewan amended The Wills Act in 2020 to address predatory marriage concerns. Prior to March 16, 2020, marriage automatically revoked an entire will. The 2020 amendments repealed this rule, meaning marriages after March 15, 2020 do not revoke existing wills. This change is important for estate planning after divorce because remarriage no longer invalidates your post-divorce estate documents, though you should still update them to include new family members.
Beneficiary Designations: The Critical Gap in Automatic Protections
Beneficiary designations on registered accounts and life insurance policies are not affected by divorce and must be manually changed within 30 days of your divorce order. Your former spouse will receive 100% of your RRSP, RRIF, TFSA, and life insurance proceeds if they remain listed as the designated beneficiary, regardless of your divorce, separation agreement, or updated will. In Saskatchewan, the beneficiary designation on file with the financial institution or insurance company takes legal priority over any conflicting provision in your will or divorce agreement.
The Saskatchewan Court of Appeal confirmed in Love v Love that beneficiary designations override separation agreements unless the agreement contains very specific language expressly revoking the designation in compliance with The Saskatchewan Insurance Act, Section 52(1). General releases and mutual waivers in separation agreements are insufficient to change beneficiary designations. You must contact each financial institution directly and complete their beneficiary change forms to ensure your former spouse is removed.
To properly update beneficiary designations after divorce in Saskatchewan, take these steps within 30 days of your divorce judgment:
- Obtain a list of all registered accounts (RRSPs, RRIFs, TFSAs, pension plans) from your financial advisors
- Contact each financial institution to request beneficiary change forms
- Complete new beneficiary designations naming your children, other family members, or your estate
- Request written confirmation that changes have been processed
- Keep copies of all completed forms with your estate planning documents
Power of Attorney: Divorce Does Not End Your Ex-Spouse's Authority
Unlike wills, divorce does not automatically revoke an enduring power of attorney naming your former spouse as your attorney in Saskatchewan. Your ex-spouse retains full legal authority to manage your financial affairs, access your bank accounts, and make property decisions until you formally revoke the power of attorney in writing. The Law Reform Commission of Saskatchewan has identified this as a significant gap in protective legislation, leaving divorcing individuals vulnerable if they fail to take immediate action.
To revoke an enduring power of attorney in Saskatchewan, you must have mental capacity to understand the nature and effect of the revocation. The formal process requires completing Form J under The Powers of Attorney Regulations, which states your intention to revoke the previous power of attorney, identifies the document being revoked by date, and names the attorney whose authority is being terminated. The revocation must be signed in front of a witness.
After signing the revocation, you must deliver a copy to your former spouse and notify all banks, financial institutions, and other parties that had copies of the original power of attorney document. Until they receive written notice of revocation, these institutions may continue accepting instructions from your former spouse as your attorney. Consider appointing a new attorney, such as an adult child, sibling, or trusted friend, to ensure someone can manage your affairs if you become incapacitated.
Health Care Directives: Automatic Revocation of Spousal Proxy
Divorce automatically revokes your former spouse's appointment as proxy under your health care directive in Saskatchewan. This is one area where Saskatchewan law provides automatic protection, recognizing that former spouses should not make life-or-death medical decisions for each other after the relationship ends. However, if your directive states that the appointment continues despite divorce, your ex-spouse may retain authority. You should still review and update your health care directive to ensure your intentions are clear.
A valid health care directive in Saskatchewan must be in writing, include your signature and the date, and may be handwritten or typed. If you cannot sign, someone else may sign at your direction and in your presence with a witness present. Your new proxy cannot be the witness or the witness's spouse. Virtual signing by video conference is permitted under The Health Care Directives and Substitute Health Care Decision Makers Act, 2015, but specific regulations must be followed.
When updating your health care directive after divorce, consider naming:
- An adult child aged 18 or older as your primary proxy
- A sibling or parent as an alternate proxy
- A close friend who understands your medical wishes
- A professional trustee organization if no suitable family members exist
Joint Tenancy and Right of Survivorship: Converting Property Ownership
Joint tenancy with right of survivorship allows property to pass automatically to the surviving owner without probate, bypassing your will entirely. If you still hold property as joint tenants with your former spouse after divorce, they will automatically inherit your share upon your death. Saskatchewan courts recommend severing joint tenancies during divorce proceedings or immediately after, converting ownership to tenants in common where each party owns a distinct 50% share that can be directed by will.
To sever a joint tenancy in Saskatchewan, you must file an Application for Transfer with Information Services Corporation (ISC). The filing fee varies based on property value. Once severed, the property becomes held as tenants in common, meaning your 50% share passes according to your will rather than automatically to your former spouse. This change should be coordinated with your divorce lawyer and reflected in your property division agreement.
The Family Property Act, S.S. 1997, c. F-6.3 establishes a presumption of equal 50/50 division of family property in Saskatchewan. The family home receives special protection under Section 20, requiring equal division except where extraordinary circumstances would make equal division unfair. During estate planning after divorce, ensure your property interests are properly documented and titled to reflect the divorce settlement.
Saskatchewan Probate Fees and Estate Administration Costs
Saskatchewan charges probate fees of $7 per $1,000 of estate value, or 0.7%, with no tiered structure or exemptions for smaller estates. A $250,000 estate would incur $1,750 in probate fees, while a $1 million estate would pay $7,000. In addition to the probate fee, a $200 filing fee applies to applications for probate, plus $25 for a Certificate of No Infants if required. Estates valued at $25,000 or less that do not include Saskatchewan real property may qualify for a simplified court order costing only $100.
Attorneys handling Saskatchewan estates are subject to statutory fee limits: they cannot charge more than $1,500 plus 1% of the first $500,000 of estate value, plus 0.75% of the next $500,000, plus 0.50% of amounts exceeding $1 million. For a $500,000 estate, maximum legal fees would be approximately $6,500 ($1,500 + $5,000). These limits help protect beneficiaries from excessive administration costs.
Proper estate planning after divorce can significantly reduce probate fees by using beneficiary designations to pass assets outside the estate:
| Asset Type | Probate Required? | Strategy |
|---|---|---|
| RRSP/RRIF with named beneficiary | No | Update beneficiary to children or new spouse |
| TFSA with named beneficiary | No | Update beneficiary designation |
| Life insurance with named beneficiary | No | Change beneficiary from ex-spouse |
| Joint bank accounts | No | Transfer to sole ownership, then add new joint holder |
| Property in joint tenancy | No | Sever joint tenancy, retitle as intended |
| Property in your name alone | Yes | Consider transfer to trust if significant value |
The Dependants Relief Act: Protecting Against Claims
Your former spouse may bring a claim against your estate under The Dependants Relief Act, 1996 if they were financially dependent on you at death and your will or intestacy does not adequately provide for them. However, this right is significantly limited after divorce. A spouse is not entitled to share in your estate if you had been living apart for more than two years before death, if family law proceedings were started and you did not reconcile, or if an order or agreement respecting family property was made that finalizes the termination of your relationship.
Applications under The Dependants Relief Act must be made within six months from the grant of probate or letters of administration. A spouse who signed a valid separation agreement or court order waiving their right to make claims cannot apply. Ensure your divorce settlement includes a comprehensive release of estate claims to protect your intended beneficiaries from post-death litigation.
The court considers multiple factors when determining if maintenance should be ordered, including the dependant's financial needs, the size of the estate, the deceased's moral obligations, and the claims of other dependants. A former spouse who remains financially dependent despite divorce may have stronger claims than one who achieved financial independence. Proper property division during divorce can eliminate these potential claims entirely.
Creating Your Post-Divorce Estate Plan: A Comprehensive Checklist
Within 30 days of your divorce judgment, complete these essential estate planning tasks:
- Execute a new will that reflects your post-divorce intentions, names new beneficiaries (typically children, other family members, or charities), and appoints a new executor
- Update all beneficiary designations on RRSPs, RRIFs, TFSAs, pension plans, and life insurance policies
- Revoke any enduring power of attorney naming your former spouse and execute a new power of attorney with a trusted family member or friend
- Review your health care directive and execute a new directive naming a non-spouse proxy
- Sever any remaining joint tenancies with your former spouse
- Update titling on all assets to reflect divorce property division
- Notify financial institutions, banks, and insurance companies of all changes
- Review and update any existing trusts
Trust Considerations After Divorce in Saskatchewan
If you created a trust during your marriage naming your spouse as beneficiary or trustee, divorce does not automatically modify trust terms. Unlike wills, trusts are separate legal entities that continue operating according to their original terms until formally amended. Review all trust documents with an estate planning lawyer to determine what amendments are needed and whether your ex-spouse retains any beneficial interest or control.
Consider establishing new trusts after divorce to protect assets for your children, particularly if you have concerns about a future spouse making claims. Testamentary trusts created by will can provide ongoing management of assets for minor children until they reach a specified age, protect inheritances from children's future divorces, and ensure professional management of significant assets. Trust planning is especially important when children are young or when the estate includes business interests.
Life Insurance as a Child Support and Parenting Time Security Tool
Saskatchewan courts frequently require divorcing parents to maintain life insurance policies to secure ongoing child support and parenting time obligations. If your divorce order includes a requirement to maintain life insurance with your children or former spouse as beneficiaries, you cannot change these designations without court approval or agreement from your former spouse. Review your divorce judgment and separation agreement carefully before making any beneficiary changes to ensure compliance.
When life insurance is required by court order, typical requirements include:
- Maintaining a minimum death benefit equal to the present value of remaining support obligations
- Naming the children or a trust for their benefit as irrevocable beneficiaries
- Providing annual proof of coverage to the other parent
- Notifying the other parent before any policy changes or cancellations
Frequently Asked Questions About Estate Planning After Divorce in Saskatchewan
Does divorce automatically revoke my will in Saskatchewan?
Divorce does not revoke your entire will in Saskatchewan, but it does automatically revoke any gifts to your former spouse under The Wills Act, 1996, Section 19. Your ex-spouse's appointment as executor is also revoked. The will is interpreted as if your former spouse predeceased you, and remaining provisions stay valid. You should still execute a new will to properly document your post-divorce intentions and name new beneficiaries.
How quickly should I update my beneficiary designations after divorce?
Update all beneficiary designations within 30 days of your divorce judgment being finalized. Beneficiary designations on RRSPs, TFSAs, RRIFs, pension plans, and life insurance policies are not affected by divorce and override your will. If you die before updating these designations, your former spouse will receive 100% of these assets regardless of your divorce or any contrary instructions in your will or separation agreement.
Does my ex-spouse still have power of attorney authority after divorce?
Yes, divorce does not automatically revoke an enduring power of attorney in Saskatchewan. Your former spouse retains full legal authority over your finances until you formally revoke the power of attorney in writing using Form J under The Powers of Attorney Regulations. You must sign the revocation before a witness and deliver copies to your ex-spouse and all financial institutions that had copies of the original document.
What happens to jointly owned property after divorce in Saskatchewan?
Property held in joint tenancy with right of survivorship will pass automatically to your former spouse upon your death, bypassing your will entirely. You must sever the joint tenancy by filing with Information Services Corporation to convert ownership to tenants in common. After severance, your 50% share passes according to your will rather than automatically to your ex-spouse.
Can my ex-spouse make a claim against my estate after divorce?
Your former spouse may claim under The Dependants Relief Act if they remained financially dependent on you at death and your estate does not adequately provide for them. However, this right is eliminated if you were separated for more than 2 years, family law proceedings finalized the relationship, or a property agreement was made. Claims must be filed within 6 months of probate. Include a comprehensive estate waiver in your separation agreement.
What are the probate fees in Saskatchewan?
Saskatchewan probate fees are $7 per $1,000 of estate value (0.7%) with no exemptions or tiered structure. A $500,000 estate would pay $3,500 in probate fees plus a $200 filing fee. Estates under $25,000 without real property may use simplified administration for $100. Attorney fees are capped at $1,500 plus 1% of the first $500,000. Proper beneficiary designations can significantly reduce probate costs.
Is my health care directive still valid after divorce?
Your health care directive remains valid, but if you named your former spouse as your proxy, that appointment is automatically revoked upon divorce in Saskatchewan. You should execute a new health care directive naming a trusted family member, adult child, or friend as your proxy to ensure someone can make medical decisions if you become incapacitated. A valid directive must be in writing and signed.
How do I protect my children's inheritance from my ex-spouse?
Create a testamentary trust in your will that holds your children's inheritance until they reach a specified age, such as 25 or 30. Name a trustee other than your former spouse to manage the funds. Consider including provisions that protect the inheritance from your children's future divorces. Update all beneficiary designations to name the trust or children directly rather than leaving assets to your estate.
What if my divorce order requires me to maintain life insurance?
If your divorce judgment requires you to maintain life insurance to secure child support or spousal support obligations, you cannot change the beneficiary designation without court approval or your former spouse's written consent. Review your divorce order and separation agreement carefully before making any policy changes. Failure to maintain required coverage may be enforced through contempt proceedings.
Should I update my estate plan before my divorce is finalized?
Yes, you can and should update your estate plan during the separation period before divorce is finalized. While Section 19 protections only apply after divorce is complete, you can execute a new will revoking all previous wills and changing beneficiary designations at any time. This provides immediate protection if something happens during the often lengthy divorce process. Consult an estate planning lawyer to ensure changes comply with any interim court orders.