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ARTICLE · 30 AUGUST 2019

What If Your Spouse Shortchanges You In Their Will?

Devry Smith Frank LLP
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If you qualify as a "dependant" spouse, even if unmarried, you can make a Dependant Support claim under the Succession Law Reform Act.

CanadaFamily and Matrimonial
Devry Smith Frank LLP
Devry Smith Frank LLP
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If you are unhappy with the amount your spouse left you in their will, you may have some legal options, for example:

Option 1: Instead of taking under the will consider electing for "Equalization" if you were married.

Ontario's Family Law Act ("FLA") views marriage as an economic partnership and gives married spouses the option to either

  • accept entitlement under their spouse's will

OR

  • make an election for equalization of "net family property".

Requirements: be married, no enforceable marriage contract etc.

Deadline: The surviving spouse of a marriage must file for equalization within six (6) months of the death. Otherwise, they may lose out on the opportunity to make this claim.

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