Important new changes to Ontario’s estate laws have come into force on January 1st, 2022. These changes are meant to better serve and reflect the modern-day experience of Ontarian’s in the new decade.
The first big change makes the virtual signing and witnessing of wills and powers of attorney a permanent option for Ontarian’s. Unfortunately, however, an ink signature is still required for wills, as electronic signatures of wills are not yet approved.
The second big change concerns a marriage’s effect on wills. Previously, if someone had an existing will but then later got married, the will was automatically revoked. This is no longer the case. As of January 2022, a will made before marriage continues to remain valid.
The third big change involves separated spouses. Under the old laws, an ex-spouse could apply for part of their deceased spouse’s estate if they were not yet legally divorced at the time of the deceased spouse’s death. However, as of January 2022, that is no longer the case. The new rules state that separated spouses will be treated the same as divorced spouses. This means that at the time of the deceased spouse’s death, if the spouses lived apart for three years as a result of the breakdown of the marriage or had a valid separation agreement (or court order or family arbitration award), then the ex-spouse of the deceased is no longer entitled to any property rights from the deceased’s estate.
Finally, the fourth big change concerns improperly drafted, witnessed & signed wills. Under the old laws, a will that did not comply with the appropriate legal formalities was automatically considered invalid & of no force or effect. However, as of January 2022, an application can be made to a court to decide on a case-by-case basis whether an improperly drafted will is valid or not. It is important to remember, however, that an ink signature is still required for wills. Therefore, a court still cannot validate a will that is signed electronically.
In conclusion, these new rules are a welcome change that help modernize Ontario’s estate laws for the 2020’s. They help facilitate better access to justice for Ontarian’s as well as aid individuals and families to better address the death of a loved one. We welcome these progressive changes, and urge you to contact us to schedule a 30-minute free consultation so we can better discuss how to plan your estate needs in light of these new developments.