Inheritance law in Canada is constitutionally a provincial matter. Therefore, the laws governing inheritance in Canada is legislated by each individual

province A province is an administrative division within a country or sovereign state, state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire, Roman Empire's territorial possessions ou ...

Provincial and territorial estate laws

Ontario

Inheritance law in

Ontario Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...

is governed by the ''Succession Law Reform Act'' (SLRA). The SLRA sets out the rules for how property is distributed when someone dies without a will (intestate) and how to probate a will. The Act provides for certain family members to be entitled to a portion of the deceased's estate, including spouse, children and parents. The Act also includes provisions for the distribution of property in certain situations, such as when a person dies without a will and has no living relatives.

Wills

* In order to have a valid will in Ontario, it must meet the following requirements: * The will must be in writing and signed by the testator (the person making the will) * The testator must be of legal age (18 years old) and have mental capacity to make a will * The will must be signed in the presence of two witnesses who must also sign the will in the presence of the testator and each other. The witnesses cannot be beneficiaries of the will. * If the will is not a holographic will, it must also be attested to by an affidavit of execution before it can be submitted for probate. * The executors of the will can be beneficiaries, but the witnesses cannot. It also allows for the creation of

holographic will A holographic will, or olographic testament, is a will and testament which is a holographic document, meaning that it has been entirely handwritten and signed by the testator. Holographic wills have been treated differently by different jurisdic ...

, which is a will written entirely in the testator's handwriting and signed by the testator; no witnesses or formalities are required.Accordingly, there can be no affidavit of execution. As part of the probate application, when being challenged, the executor may instead be asked to provide the Court with evidence that the signature and the handwriting on the Will are those of the deceased.

Probate

The process of probate in Ontario is a legal process where a court approves the validity of a will and grants authority to the executor named in the will to distribute the deceased person's assets according to the instructions in the will. The process involves several steps.

Intestate Succession

Where a person dies

intestate Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. Alternatively this may also apply ...

, the following general rules apply: * Where the spouse survives, all the estate goes to the spouse. * Where there is a spouse and a child or children, the estate is divided as follows: First however a matrimonial home will generally pass directly to the spouse. * Where there is no surviving spouse but there are surviving children, the estate is divided equally among the children. * Where there is no surviving spouse or children, the estate devolves according to the rules of

consanguinity Consanguinity (from Latin '':wikt: consanguinitas, consanguinitas'' 'blood relationship') is the characteristic of having a kinship with a relative who is descended from a common ancestor. Many jurisdictions have laws prohibiting people who are ...

. * Where no heir can be determined, the estate is declared '' bona vacantia'' and escheats to the Crown.

References

{{reflist Law of Canada Legal history of Canada

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...