06/09/2026
Do I really need a domestic agreement if I already have a will?
I get asked this more than you'd think.
And every time, my answer is the same: a will is not enough.
Here's why. If you don't have a domestic agreement in place, your partner has legislated property rights under provincial law, and they can choose to ignore your will entirely and rely on those rights instead. A will cannot override that.
I've seen families spend years building wealth, sometimes including a family business, only to have it put at risk during a relationship breakdown, simply because no one had that conversation early enough.
A domestic agreement doesn't mean you don't trust your partner. It means you've both agreed, while things are good, on what happens if they're not. That's not pessimistic, that's planning.
If you'd like to learn more, I've put together a short primer on domestic agreements on our website.
Prenuptial, cohabitation, or marriage agreements, learn how a domestic agreement protects your assets, your family, and your estate plan in Canada.