Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 21 FEBRUARY 2022

Can I Disinherit My Child?

WeirFoulds LLP
Explore more from WeirFoulds LLP

It has been two years since the pandemic began. It has been a stressful period for everyone, and estate planning is one issue that has been brought to the forefront of people's minds.

CanadaFamily and Matrimonial
Anna Alizadeh
Anna Alizadeh
Author LinkedIn connections

It has been two years since the pandemic began.  It has been a stressful period for everyone, and estate planning is one issue that has been brought to the forefront of people's minds.  In that regard, some of the most common questions people ask with respect to their estate planning is about their children; specifically, whether one must treat all their children equally in their estate planning and whether one can disinherit one or more of their children.

Whether an individual is legally obligated to leave assets to his or her children, and in what share, depends on where that person resides.  In most common law jurisdictions, which includes all of Canada's provinces and territories except Quebec, the law recognizes that people have the freedom to dispose of their assets as they wish.1  This is referred to as "testamentary freedom".2  As such, parents can leave more assets to one child over another or completely cut one or more children out of their estate

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Before December 31: A Cross-Border Estate Planning Check-Up For Canadian Families

Canadian families with U.S. connections face unique estate planning challenges that require regular review. This comprehensive guide examines eight critical areas—from wills and powers of attorney to cross-border trusts and reporting obligations—that warrant attention before year-end, particularly when family circumstances, asset values, or residency status have changed.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

Canada-US Estate Planning: A Complete Guide For Snowbirds And Cross-Border Families

Canadians who own US property, hold American investments, or have family members with US citizenship face a complex web of estate tax obligations spanning two countries. Without proper coordination, your heirs could face double taxation, frozen assets during lengthy Florida probate proceedings, or unexpected tax bills that consume a significant portion of their inheritance.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

Ontario Probate: A Step-by-Step Guide For Executors (Including Estates With US Property)

Ontario probate requires court certification, estate administration tax of up to 1.5%, and careful navigation of cross-border rules when US property is involved. Executors face strict timelines, fiduciary duties, and potential personal liability, while proper planning through multiple wills and beneficiary designations can significantly reduce both costs and delays.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

Estate Freeze Alert: Ontario Court Of Appeal Rules Trust Interest Is Not A Gift After Marriage

A family trust settled by a parent after a child’s marriage would normally be considered a “gift after marriage,” excluded from equalization under Ontario’s Family Law Act. In Lang-Newlands v. Newlands, 2026 ONCA 530 [Lang-Newlands], the Ontario Court of Appeal (the “Court”) held otherwise. The Court found that because the trust’s value derived entirely from shares the beneficiary already owned at the date of marriage, her interest in the trust was not a gift, and she now faces a substantial equalization payment.
CanadaFamily and Matrimonial
Miller Thomson
Miller Thomson
Article

The Supreme Court Of Canada Recognizes A New Tort Of Intimate Partner Violence

The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning
CanadaFamily and Matrimonial
Thompson Dorfman Sweatman LLP
Thompson Dorfman Sweatman LLP
Article

Canadian Citizenship By Descent: Canada Expands Eligibility Under Bill C-3

Many people may be surprised and pleased to learn that there is a new path to becoming a Canadian citizen. The Government of Canada passed Bill C-3, An Act to Amend the Citizenship Act (2025), on December 15, 2025. Before this legislation came into effect, Canadian citizenship by descent was limited to the first generation born outside Canada. For example, Emily was born or naturalized in Canada, and she could pass her citizenship to her child, Duncan, born outside of Canada.
CanadaFamily and Matrimonial
O'Sullivan Estate Lawyers LLP
O'Sullivan Estate Lawyers LLP
Article

The 21-year Rule: How To Prepare A Family Trust For This Crucial Milestone

A family trust is a tax and estate planning tool widely used by family businesses in Canada. Among other things, it can be used to establish an estate freeze, facilitate the gradual transfer of wealth to the next generation, maintain a degree of control over family assets and, in some cases, provide better assets protection. Historically, family trusts have also been used in a variety of income-splitting strategies.
CanadaFamily and Matrimonial
Miller Thomson
Miller Thomson
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Greenwashing In Canada: What The Competition Bureau’s 2026 Updated Environmental Claims Guidelines Mean For Your Business

Canada's Competition Bureau has released updated guidelines addressing environmental claims and greenwashing under the Competition Act. The guidelines establish six compliance principles and clarify how businesses must substantiate environmental benefit claims following recent legislative amendments, including changes introduced by Bill C-15 that provide greater flexibility in substantiation methods while maintaining evidence requirements.
CanadaAntitrust/Competition Law
WeirFoulds LLP
WeirFoulds LLP
Article

Who Pays After The Hack? Emerging Paths For Cyber Recovery

Recent court decisions reveal a developing area of cyber insurance subrogation where insurers can potentially recover losses from vendors, financial institutions, and service providers who failed to meet specific cybersecurity obligations. These cases demonstrate that a cybercriminal's involvement does not automatically shield third parties from liability when they breach contractual duties or ignore red flags that contributed to the loss.
United StatesInsurance
WeirFoulds LLP
WeirFoulds LLP