Ontario made some of the most significant updates to its succession law in decades, with several important changes taking effect on January 1, 2022. These changes affect how wills are made, when they are revoked, and what happens on separation, and they are worth understanding because they altered long-standing rules many people still assume are in force.
Marriage no longer revokes a will
Under the old law, getting married automatically revoked an existing will (unless the will was made in contemplation of that marriage). This rule caught many people by surprise and, in some cases, was used to a vulnerable person's disadvantage. It has been repealed. Now, marrying does not automatically cancel a will, so a will made before a marriage can continue to operate.
Separated spouses treated like former spouses
Divorce has long affected how a will treats an ex-spouse. The 2022 changes extended similar treatment to spouses who are separated but not yet divorced. In defined circumstances — based on the length and nature of the separation — a separated spouse can be treated as if they had predeceased the testator for certain inheritance purposes, both under a will and on an intestacy. This aligns the law with the reality that many separations never proceed to a formal divorce.
Court validation of non-compliant wills
Historically, Ontario applied strict formalities: a will that did not meet the signing and witnessing rules was simply invalid, no matter how clearly it expressed the person's wishes. Section 21.1 of the Succession Law Reform Act changed this by giving the court a power to validate a document that does not fully comply with the formal requirements, if the court is satisfied the document sets out the deceased's testamentary intentions. This is a substantial shift toward substance over strict form, though it still requires a court application and clear evidence of intention.
Virtual (remote) witnessing made permanent
During the pandemic, Ontario temporarily allowed wills to be witnessed remotely by audio-visual link, subject to conditions such as at least one witness being a licensed lawyer or paralegal. That accommodation was made permanent, so remote witnessing remains an option where its conditions are met.
Why these changes matter to planning
- People who assumed marriage would cancel an old will should review their planning.
- Separated spouses should understand how the new rules may affect what an ex would inherit.
- The court-validation power is a safety net, not a substitute for a properly executed will.
For education only. Each of these changes has conditions and exceptions, and the details matter to how they apply to any particular estate.
This article is general information for educational purposes only and is not legal advice. For advice on your situation, book a consultation.