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Revocation of a will under canadian inheritance law

Bartłomiej Tyndyk
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Revocation of a will under canadian inheritance law

Inheritance in Canada is particularly complex. Similar to the USA, the establishment of inheritance law provisions falls under the jurisdiction of federal authorities in this country. As a result, inheritance law in Canada is not uniform. Depending on the specific province, different solutions are encountered in the law. Often, these differences are significant enough to cause substantial issues for individuals inheriting in Canada. On the other hand, there are certain similarities that can be applied to the entire inheritance law system in Canada.

Today’s article is dedicated to one of such issues. We’re discussing the possibility of revoking a will under the provisions of inheritance law in Canada. While our considerations are based on the regulations in force in Ontario, they are generally similar in relation to the regulations in force in other Canadian provinces.

Inheritance in Canada — Ways to Revoke a Will in Ontario

A testamentary statement as a particular act of the testator’s last will is, of course, a revocable statement. The possibility of revoking a will does not raise any doubts, especially considering the nature of such property dispositions. According to the provisions of inheritance law in Canada, the revocation of a will can be partial or relate to the entire will. The main ways through which a testator can revoke their will include:

  • writing a new will;
  • preparing a special statement based on which the testator revokes their original will;
  • destruction of the will by the testator or a third person, particularly by tearing or burning it.

Furthermore, inheritance law in Canada requires the testator to comply with certain formal requirements. Otherwise, the revocation of the will may not be effective.

Revocation of a Will and Its Modification

The provisions of inheritance law in Canada allow testators both to revoke their wills and to modify them. Revocation of a will entails far-reaching legal consequences. The choice made by the testator is solely theirs. They should decide which of the above-mentioned solutions is more appropriate in their specific situation. Regardless of whether we are dealing with inheritance in Canada or any other country in the world, the reasons why testators decide to revoke or modify their wills are essentially the same. Among the most common reasons are:

  • the birth of another heir;
  • changes in the testator’s marital status, e.g., marriage;
  • serious conflict between the testator and the person they designated as an heir.

In cases where a situation arises that provides a basis for revocation or modification of the will, the testator is not always certain which option to choose. In such cases, entrusting the matter to an experienced lawyer who can dispel any doubts is the best solution.

Changes in Inheritance Law in Canada – Ontario Province

In the previously applicable legal state in the province of Ontario, the testator’s entry into another marriage generally automatically revoked a will previously prepared by them. However, as of January 1, 2022, the legal situation in this regard is quite different. Consequently, entering into another marriage no longer automatically revokes a will under the law.

This amendment to Ontario’s Succession Law Reform Act is extremely significant. Along with it, the legal situation of spouses remaining in separation has also changed. They are no longer entitled to inherit by law.

Inheritance in Canada – Professional Legal Services from Lawyer in Europe

The complex provisions of inheritance law in Canada and the need to dedicate a significant amount of time discourage foreigners from outside Canada from completing all formalities related to acquiring an inheritance in this country. However, any omission can prove to be very costly. In the worst case, it may even result in the loss of the inheritance, although more often it ends with the imposition of a specified fine. For this reason, it is much safer to entrust your matter to an experienced lawyer in inheritance law in Canada, who will assist in carrying out the procedure in accordance with the law.

Lawyer in Europe law firm would be pleased to handle any cross-border inheritance case. International inheritance law is, after all, the main area of specialization of our lawyers. If needed, we warmly invite you to contact our law firm. We will provide the necessary support at every stage of the case.

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