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ARTICLE · 05 JANUARY 2022

Important Estate Planning Changes For Couples Effective January 1

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Effective January 1, 2022, important changes for estate planning come into effect. Anyone who has separated from their spouse, is living in a common law relationship, ...

CanadaFamily and Matrimonial
Margaret Rintoul
Margaret Rintoul
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Effective January 1, 2022, important changes for estate planning come into effect.  Anyone who has separated from their spouse, is living in a common law relationship, or who intends to marry in 2022 needs to be aware of these changes to the laws of Ontario. 

Previously the Ontario law relating to wills and distribution of estates where there is no will, had four major elements:

  1. Marriage revoked an existing will and left the individual without a valid will.
  2. A separated but not divorced spouse remained entitled to share in an estate if he/she was named in a will or if there was no will (intestacy)
  3. Divorce did not revoke an existing will, but created the situation where a divorced spouse named as an estate trustee or beneficiary was treated as having died before the maker of the will (the testator)

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