If you’ve been separated for a while, here’s some breaking news you probably didn’t expect: as of January 1, 2025, your Will and next-of-kin rights might not look quite the way you think they do anymore.

How so? If you and your spouse have been living apart for some time, the law now treats you a lot like divorced spouses when it comes to inheritance. In other words, the person you once promised “forever” to may have just been written out of your Will without you lifting a pen.

Back in 2021, Ontario passed Bill 245, which shook up how marriage and Wills work. Back then, it was big news because getting married (or remarried) no longer automatically cancelled your Will.

Tucked inside that same legislation were new rules for separated spouses, which only took full effect on January 1, 2025, exactly three years after they came into force.

Now that the clock has officially run out, any couple who’s been separated for three years or more is treated as if they’re divorced when it comes to Wills and inheritance.

So What Does “Separated” Actually Mean?

Here’s where the legal definition matters — because it’s not just about living in separate houses.

You’re officially considered “separated” if:

• You’ve lived apart for three years because the marriage broke down,
• You have a separation agreement,
• You’ve got a court order, or
• A family arbitrator has confirmed the split.

Reach any of those milestones, and the law now sees your spouse as an ex for inheritance purposes — even if you never got around to finalizing the divorce papers.

Why Homeowners Should Care

If you still own a home with your ex, this is important.

When a separation becomes “official” under these new rules, any gifts to that spouse in your Will — including your home — are revoked unless your Will specifically says otherwise. The same goes for naming them as your executor.

In legal speak, it’s as if your separated spouse predeceased you.

In real-life speak, it means your house (and possibly your estate) could suddenly be in limbo.

But here’s the twist.

These new rules don’t automatically change your title ownership or your Powers of Attorney. So if you still own your home as joint tenants, the right of survivorship can still pass the property directly to your separated spouse when you die, even if your Will says otherwise.

Your Will might say “no,” but your title says “yes.” And that, friends, is why we call this a legal tangle waiting to happen.

A Real-World Example

Let’s say Jamie and Taylor separated in January 2022 but never bothered with a separation agreement. They’ve lived apart ever since, and Jamie’s 2019 Will still leaves the house (and the power of decision) to Taylor.

Fast forward to February 2025. Jamie passes away. Under the new rules, Taylor’s out: no inheritance, no executor role, no automatic rights.

Unless, of course, they never updated the home title. In this case Taylor might still get the house anyway through joint tenancy. This is why estate planning and real estate planning have to talk to each other (preferably before the lawyers start billing by the hour).

What You Can (and Should) Do Now

If you’re separated — or even just thinking about it — take a few steps now to protect yourself (and your peace of mind):

1. Update your Will. Name an executor and beneficiaries who reflect your current reality, not your romantic history.
2. Revoke and replace your Powers of Attorney. Because very few people want their ex signing off on medical care or the sale of their house.
3. Review your home’s title. If it’s still in both names as joint tenants, talk to your lawyer about severing it.
4. Update your beneficiaries on insurance policies, pensions, and registered plans. Those don’t automatically follow your Will.

It’s not glamorous work, but it’s far cheaper (and calmer) than fighting it out later.

Final Thoughts

The calendar may have flipped, but the rules have, too.

January 1, 2025, marked a turning point for separated spouses — especially homeowners.

If your relationship status has changed, your legal documents need to catch up. Talk to your family lawyer and real estate lawyer to make sure your Will, POAs, and home title are all pulling in the same direction.

And if you need help navigating the real estate side of things — from valuing your home to helping both parties move forward — that’s where I come in.

Because at the end of the day, this isn’t just about houses.

It’s about protecting your peace, your future, and the people you love — wherever life takes you next.