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ARTICLE · 11 SEPTEMBER 2024

Separated Spouses And Inheritance Rights

Sorbara Law
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Certain amendments to Ontario's Succession Law Reform Act (SLRA) came into force January 1, 2022, which can remove the inheritance entitlement of an individual who is separated from their spouse.

CanadaFamily and Matrimonial
Manda Ivezic
Manda Ivezic

Certain amendments to Ontario's Succession Law Reform Act (SLRA) came into force January 1, 2022, which can remove the inheritance entitlement of an individual who is separated from their spouse.

The amendments apply for testate individuals (having a Will), or intestate (dying without a Will). Now, there would have to be an intention expressed in a Will to allow inheritance despite separation.

These changes to the SLRA extend the same treatment to separated spouses (as defined) that formerly applied only upon divorce, eliminating divorced persons' inheritance under an ex-spouse's Will or intestate estate. But it is important to be aware that there are timing criteria, and the new rule does not necessarily apply to all separated spouses.

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