Changes to the Succession Law Reform Act: 2023

The Succession Law Reform Act (SLRA) is a crucial piece of legislation that governs the distribution of property in Ontario when someone passes away without a valid will. The Act has undergone some recent changes that you should be aware of if you are planning your estate or have been named as an executor. In this post, we will provide a summary of the recent amendments to the SLRA.

Increased Entitlements for Surviving Spouses

One of the most significant changes to the SLRA is the increased entitlements for surviving spouses. Previously, a surviving spouse was only entitled to the first $200,000 of an estate, with the remainder divided among other family members. However, under the new rules, a surviving spouse is entitled to the entire estate if the deceased did not have any children, or if all of the deceased’s children are also the children of the surviving spouse.

Clarification on “Issue” and “Descendants”

The SLRA has also been amended to clarify the definitions of “issue” and “descendants.” The term “issue” now includes children conceived before but born after the parent’s death, as long as certain conditions are met. The term “descendants” now includes all of the deceased’s descendants, regardless of whether they are related through blood or adoption.

Changes to the Rules on Dependants’ Support

The SLRA has also been updated to provide additional support for dependants of the deceased. The definition of “dependant” has been expanded to include more people, such as grandchildren, siblings, and anyone who was receiving support from the deceased before their death. The court can now order that a dependant receive support from the estate, even if the dependant was not named in the will.

Electronic Wills

Finally, the SLRA has been amended to allow for the creation of electronic wills. An electronic will is a will that is created and stored digitally, rather than on paper. The new rules require that electronic wills meet certain requirements to be considered valid, such as being signed by the testator and witnessed by two individuals who are not beneficiaries.

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