Modifications to Ontario Property Legislation – Wills/Intestacy/Property Planning

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Introduction – Modifications in Ontario Property Legislation

Following the enactment of Invoice 245, important adjustments to Ontario’s Succession Legislation Reform Act (SLRA) went into impact on January 1, 2022.

Cancellation of a will by marriage

Part 16 of the SLRA offers for revocation of a Will on marriage, besides in sure circumstances. This clause is repealed; Thus, marriages – held on or after January 1, 2022 – will now not nullify an present will. {Couples} who’re residing collectively and determine to get married or {couples} who’ve in any other case made passable property planning preparations should not required to vary their will after marriage. In case you received married earlier than that date and haven’t up to date your will, you’ll need to retain an skilled Canadian property and tax planning lawyer to correctly replace your will.

repeal, change of circumstances

Part 17 of the SLRA offers that if the wedding of the testator and the testator’s partner involves an finish or is asserted void, the testator’s will shall be construed as if the previous partner had dedicated the testator’s demise. That is it. With impact from January 1, 2022, this part has been amended, and the required cases of separation of spouses consequently shall be handled as divorce.

Digital Testimony of Wills and Powers of Lawyer

To handle considerations associated to COVID-19, the province of Ontario declared a state of emergency on March 17, 2020. On April 7, 2020, the province of Ontario issued an order in council filed as O. Reg. 129/20, which briefly permits for digital witness of wills and energy of lawyer. On April 19, 2021, with the passage of Invoice 245, digital testimony of wills and powers of lawyer grew to become a everlasting choice in Ontario.

Professional Tax Suggestions – {Couples} who received married earlier than January 1, 2022 want to vary their will or make a brand new one.

The revocation of an present will doesn’t apply to those that had been married earlier than January 1, 2022. Thus, anybody who married earlier than this date is just not thought-about to have an present will, except they made a brand new one after the wedding and in consideration. ,

Within the occasion that you simply assume it’s possible you’ll want skilled property and tax planning authorized recommendation to switch your present will or assist you draft a brand new will, it’s extremely really useful that you simply search an skilled Canadian Speak to a tax and property lawyer.

The content material of this text is meant to offer a normal information to the subject material. Specialist recommendation ought to be sought about your particular circumstances.

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