Under the present law, a will is automatically revoked on marriage or divorce. These long-standing rules are intended to protect the interests of spouses and children of the makers of wills. However, it has been suggested the the changing social and legal context may sometimes defeat the purpose of the rules, and even make them a problem. This Consultation Paper discusses when a will is automatically revoked due to marriage or divorce.
The Law Reform Commission recommends that Saskatchewan abolish interspousal tort immunity and extend this abolition to The Insurance Act, where it serves only to help insurance companies avoid payments. This final report goes beyond the previous proposal on the topic in recommending repeal of an additional subsection of The Insurance Act.
Interspousal tort immunity is based on the archaic fiction of the unity of husband and wife, and is not supported by any of the arguments offered in its defence. If the abolition of interspousal tort immunity is to have any significant practical consequences, it must be accompanied by repeal of bars to damage recovery in intrafamily torts.