What happens when my spouse dies?

If your spouse has a Will and passes away the surviving spouse must decide on whether they would like to proceed by way of:

  • Making an election for equalization payment as per the Ontario Family Law Act; or
  • Accept their entitlement as per the Will of the deceased spouse.

As discussed in some of my previous posts the law of estates in Ontario is governed by the Succession Law Reform Act.

It’s important to keep in mind that the surviving spouse must do this within six months from the date of the death.

The decision between the election and or the entitlement in the Will is largely going to be based on what is the better offer. In other words, does the surviving spouse stand to gain more as per Family law or the Will.

For additional information please feel free to call our office and speak with a Will and Estate Lawyer in Burlington.

Our office is located at 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 or call toll-free 1-800-939-9211

Additional Resources: Ministry of Attorney Generals website.

Rehan Khalil
call or sms me (416) 505-4901
anytime for a free consultation