Posted in Wills

In Ontario, the Will of a person who later marries is revoked by the marriage and is no longer valid, with a few exceptions (s.15 of the Succession Law Reform Act.

The most common exception is when the Will includes a declaration that it is being made in contemplation of the marriage (s.16(a) of the Succession Law Reform Act.)

A Will including a declaration that it is made in contemplation of the marriage remains valid even after the marriage has been solemnized.

At the time of writing this Article, a subsequent common-law relationship does not revoke the Will.

Elderly father cuts out three of his children

• What happens when an elderly widowed father gives his house to one of his four children (the one who lives with him)? Can the other three siblings set aside the transfer? In a recent case (Kozusko v Kozusko) the Superior Court held that parents are free to dispose of their property as they see fit, and to prefer one child over the others provided the parents understand clearly the consequences of their actions.
• Courts today will not interfere with a person's exercise of free will so long as the person is fully aware of what their rights are and of the consequences of their actions. The dissenting children will have an uphill battle to overturn their father's wishes.

Contact us below for more information on how to set up your will to avoid such disputes.