Succession Law Reform Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections243

• 1Definitions

  1 (1) In this Act, “child” includes, (a) a child conceived before and born alive after the parent’s death, and (b) a child conceived and born alive after the parent’s death, if the conditions in subsection 1.1 (1) are met; (“enfant”) “grandchild” means the child of a child; (“petit-fils”, “petite-fille”) “issue” includes, (a) a descendant conceived before and born alive after the person’s death, and (b) a descendant conceived and born alive after the person’s death, if the conditions in subsection 1.1 (1) are met; (“descendance”) “personal representative” means an executor, an administrator or an administrator with will annexed; (“représentant successoral”) “spouse”, except in Part V, has the same meaning as in section 1 of the Family Law Act; (“conjoint”) “will” includes, (a) a testament, (b) a codicil, (c) an appointment by will or by writing in the nature of a will in exercise of a po…

• 1.
• [s1]
• 1.1Posthumous conception, conditions

  1.1 (1) The following conditions respecting a child conceived and born alive after a person’s death apply for the purposes of this Act: 1. The person who, at the time of the death of the deceased person, was his or her spouse, must give written notice to the Estate Registrar for Ontario that the person may use reproductive material or an embryo to attempt to conceive, through assisted reproduction and with or without a surrogate, a child in relation to which the deceased person intended to be a parent. 2. The notice under paragraph 1 must be in the form provided by the Ministry of the Attorney General and given no later than six months after the deceased person’s death. 3. The posthumously-conceived child must be born no later than the third anniversary of the deceased person’s death, or such later time as may be specified by the Superior Court of Justice under subsection (3). 4. A court…

• PART I TESTATE SUCCESSION
• [s2]

  PART I TESTATE SUCCESSION

• [s3]

  General

• 2.
• 2Power to dispose of property by will

  2 A person may by will devise, bequeath or dispose of all property (whether acquired before or after making his or her will) to which at the time of his or her death he or she is entitled either at law or in equity, including, (a) estates for another’s life, whether there is or is not a special occupant and whether they are corporeal or incorporeal hereditaments; (b) contingent, executory or other future interests in property, whether the testator is or is not ascertained as the person or one of the persons in whom those interests may respectively become vested, and whether he or she is entitled to them under the instrument by which they were respectively created or under a disposition of them by deed or will; and (c) rights of entry, whether for conditions broken or otherwise. R.S.O. 1990, c. S.26, s. 2.

• 3.
• 3Will to be in writing

  3 A will is valid only when it is in writing. R.S.O. 1990, c. S.26, s. 3.

• 4.
• 4Execution

  4 (1) In this section, “audio-visual communication technology” means any electronic method of communication which allows participants to see, hear and communicate with one another in real time. 2021, c. 4, Sched. 9, s. 1 (2). Valid execution of will (2) Subject to subsection (3) and to sections 5 and 6, a will is not valid unless, (a) at its end it is signed by the testator or by some other person in his or her presence and by his or her direction; (b) the testator makes or acknowledges the signature in the presence of two or more attesting witnesses present at the same time; and (c) two or more of the attesting witnesses subscribe the will in the presence of the testator. 2021, c. 4, Sched. 9, s. 1 (1). Permitted use of audio-visual communication technology (3) A requirement in clause (2) (b) or (c) that witnesses be in the presence of the testator or in one another’s presence for the m…

• 5.
• 5Will of member of forces on active service

  5 (1) A person who is, (a) a member of the Canadian Forces placed on active service under the National Defence Act (Canada); (b) a member of any other naval, land or air force while on active service; or (c) a sailor when at sea or in the course of a voyage,

• 6.
• [s8]

  may make a will by a writing signed by him or her or by some other person in his or her presence and by his or her direction without any further formality or any requirement of the presence of or attestation or signature by a witness. Certificate of active service (2) For the purposes of this section, a certificate purporting to be signed by or on behalf of an officer having custody of the records certifying that he or she has custody of the records of the force in which a person was serving at the time the will was made, setting out that the person was on active service at that time, is proof, in the absence of evidence to the contrary, of that fact. Where certificate not available (3) For the purposes of this section, if a certificate under subsection (2) is not available, a member of a naval, land or air force is deemed to be on active service after he or she has taken steps under the…

• 7.
• 6Holograph wills

  6 A testator may make a valid will wholly by his or her own handwriting and signature, without formality, and without the presence, attestation or signature of a witness. R.S.O. 1990, c. S.26, s. 6.

• 8.
• 7Position of signature

  7 (1) In so far as the position of the signature is concerned, a will, whether holograph or not, is valid if the signature of the testator made either by him or her or the person signing for him or her is placed at, after, following, under or beside or opposite to the end of the will so that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as his or her will. Idem (2) A will is not rendered invalid by the circumstance that, (a) the signature does not follow or is not immediately after the end of the will; (b) a blank space intervenes between the concluding words of the will and the signature; (c) the signature, (i) is placed among the words of a testimonium clause or of a clause of attestation, (ii) follows or is after or under a clause of attestation either with or without a blank space intervening, or (iii) follows …

• 9.
• 10.
• 8Wills by minors

  8 (1) A will made by a person who is under the age of eighteen years is not valid unless at the time of making the will the person, (a) is or has been married; (b) is contemplating marriage and the will states that it is made in contemplation of marriage to a named person except that such a will is not valid unless and until the marriage to the named person takes place; (c) is a member of a component of the Canadian Forces, (i) that is referred to in the National Defence Act (Canada) as a regular force, or (ii) while placed on active service under the National Defence Act (Canada); or (d) is a sailor and at sea or in the course of a voyage. Certificate of active service (2) A certificate purporting to be signed by or on behalf of an officer having custody of the records certifying that he or she has custody of the records of the force in which a person was serving at the time the will wa…

• 11.
• 9Exercise of appointments by will

  9 No appointment made by will in exercise of any power is valid unless the appointment is executed in the manner hereinbefore required, and every will executed in the manner hereinbefore required is, so far as respects the execution and attestation thereof, a valid execution of a power of appointment by will, despite the fact that it has been expressly required that a will made in exercise of such power shall be executed with some additional or other form of execution or solemnity. R.S.O. 1990, c. S.26, s. 9.

• 10Publication unnecessary

  10 A will made in accordance with this Part is valid without other publication. R.S.O. 1990, c. S.26, s. 10.

• 12.
• 11Effect of incompetency of witness

  11 Where a person who attested a will was at the time of its execution or afterward has become incompetent as a witness to prove its execution, the will is not on that account invalid. R.S.O. 1990, c. S.26, s. 11. Witness etc., beneficiary from will

• 13.
• 12Bequests to witness void

  12 (1) Where a will is attested by a person to whom or to whose then spouse a beneficial devise, bequest or other disposition or appointment of or affecting property, except charges and directions for payment of debts, is thereby given or made, the devise, bequest or other disposition or appointment is void so far only as it concerns, (a) the person so attesting; (b) the spouse; or (c) a person claiming under either of them, but the person so attesting is a competent witness to prove the execution of the will or its validity or invalidity. R.S.O. 1990, c. S.26, s. 12 (1). Where will signed for testator by another person (2) Where a will is signed for the testator by another person in accordance with section 4, to whom or to whose then spouse a beneficial devise, bequest or other disposition or appointment of or affecting property, except charges and directions for payment of debts, is th…

• 14.
• 13Creditor as witness

  13 Where property is charged by a will with a debt and a creditor or the spouse of a creditor whose debt is so charged attests a will, the person so attesting, despite the charge, is a competent witness to prove the execution of the will or its validity or invalidity. R.S.O. 1990, c. S.26, s. 13.

• 15.
• 14Executor as witness

  14 A person is not incompetent as a witness to prove the execution of a will or its validity or invalidity solely because he or she is an executor. R.S.O. 1990, c. S.26, s. 14.

• 16.
• 15Revocation generally

  15 A will or part of a will is revoked only by, (a) Repealed: 2021, c. 4, Sched. 9, s. 2. (b) another will made in accordance with the provisions of this Part; (c) a writing, (i) declaring an intention to revoke, and (ii) made in accordance with the provisions of this Part governing making of a will; or (d) burning, tearing or otherwise destroying it by the testator or by some person in his or her presence and by his or her direction with the intention of revoking it. R.S.O. 1990, c. S.26, s. 15; 2021, c. 4, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 9, s. 2 - 01/01/2022

• 17.
• 16Repealed

  16 Repealed: 2021, c. 4, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 9, s. 3 - 01/01/2022

• 18.
• 17Revocation, change in circumstances

  17 (1) Except as otherwise provided in this section, a will is not revoked by presumption of an intention to revoke it on the ground of a change in circumstances. R.S.O. 1990, c. S.26, s. 17 (1); 2021, c. 4, Sched. 9, s. 4 (1). Exception on termination of marriage (2) Except when a contrary intention appears by the will, where, after the testator makes a will, his or her marriage is terminated by a judgment absolute of divorce or is declared a nullity, (a) a devise or bequest of a beneficial interest in property to his or her former spouse; (b) an appointment of his or her former spouse as executor or trustee; and (c) the conferring of a general or special power of appointment on his or her former spouse, are revoked and the will shall be construed as if the former spouse had predeceased the testator. R.S.O. 1990, c. S.26, s. 17 (2). Exception on separation (3) Subsection (2) applies, wi…

• 19.
• 18Alterations in will

  18 (1) Subject to subsection (2), unless an alteration that is made in a will after the will has been made is made in accordance with the provisions of this Part governing making of the will, the alteration has no effect except to invalidate words or the effect of the will that it renders no longer apparent. How validly made (2) An alteration that is made in a will after the will has been made is validly made when the signature of the testator and subscription of witnesses to the signature of the testator to the alteration, or, in the case of a will that was made under section 5 or 6, the signature of the testator, are or is made, (a) in the margin or in some other part of the will opposite or near to the alteration; or (b) at the end of or opposite to a memorandum referring to the alteration and written in some part of the will. R.S.O. 1990, c. S.26, s. 18.

• 20.
• 19Revival

  19 (1) A will or part of a will that has been in any manner revoked is revived only, (a) by a will made in accordance with the provisions of this Part; or (b) by a codicil that has been made in accordance with the provisions of this Part, that shows an intention to give effect to the will or part that was revoked, or, (c) by re-execution thereof with the required formalities, if any. As to part formerly revoked (2) Except when a contrary intention is shown, when a will which has been partly revoked and afterward wholly revoked is revived, the revival does not extend to the part that was revoked before the revocation of the whole. R.S.O. 1990, c. S.26, s. 19.

• 21.
• 20Operation of will as to interest left in testator

  20 (1) A conveyance of or other act relating to property that is the subject of a devise, bequest or other disposition, made or done after the making of a will, does not prevent operation of the will with respect to any estate or interest in the property that the testator had power to dispose of by will at the time of his or her death. Rights in place of property devised (2) Except when a contrary intention appears by the will, where a testator at the time of his or her death, (a) has a right, chose in action or equitable estate or interest that was created by a contract respecting a conveyance of, or other act relating to, property that was the subject of a devise or bequest, made before or after the making of a will; (b) has a right to receive the proceeds of a policy of insurance covering loss of or damage to property that was the subject of a devise or bequest, whether the loss or da…

• 22.
• 21When revived will deemed made

  21 When a will has been revived in the manner described in section 19, the will shall be deemed to have been made at the time at which it was so revived. R.S.O. 1990, c. S.26, s. 21.

• 23.
• 21.1Court-ordered validity

  21.1 (1) If the Superior Court of Justice is satisfied that a document or writing that was not properly executed or made under this Act sets out the testamentary intentions of a deceased or an intention of a deceased to revoke, alter or revive a will of the deceased, the Court may, on application, order that the document or writing is as valid and fully effective as the will of the deceased, or as the revocation, alteration or revival of the will of the deceased, as if it had been properly executed or made. 2021, c. 4, Sched. 9, s. 5. No electronic wills (2) Subsection (1) is subject to section 31 of the Electronic Commerce Act, 2000. 2021, c. 4, Sched. 9, s. 5. Transition (3) Subsection (1) applies if the deceased died on or after the day section 5 of Schedule 9 to the Accelerating Access to Justice Act, 2021 came into force. 2021, c. 4, Sched. 9, s. 5. Section Amendments with date in f…

• 24.
• 22Will to speak from death

  22 Except when a contrary intention appears by the will, a will speaks and takes effect as if it had been made immediately before the death of the testator with respect to, (a) the property of the testator; and (b) the right, chose in action, equitable estate or interest, right to insurance proceeds or compensation, or mortgage, charge or other security interest of the testator under subsection 20 (2). R.S.O. 1990, c. S.26, s. 22.

• 25.
• [s27]
• 23Disposition of property in void devise

  23 Except when a contrary intention appears by the will, property or an interest therein that is comprised or intended to be comprised in a devise or bequest that fails or becomes void by reason of, (a) the death of the devisee or donee in the lifetime of the testator; or (b) the devise or bequest being disclaimed or being contrary to law or otherwise incapable of taking effect,

• 26.
• [s28]

  is included in the residuary devise or bequest, if any, contained in the will. R.S.O. 1990, c. S.26, s. 23.

• 27.
• [s29]
• 24Leasehold estates under devise of real property

  24 Except when a contrary intention appears by the will, where a testator devises, (a) his or her real property; (b) his or her real property in a place mentioned in the will, or in the occupation of a person mentioned in the will; (c) real property described in a general manner; or (d) real property described in a manner that would include a leasehold estate if the testator had no freehold estate which could be described in the manner used,

• 28.
• [s30]

  the devise includes the leasehold estates of the testator or any of them to which the description extends, as well as freehold estates. R.S.O. 1990, c. S.26, s. 24. Disposition of property over which testator has power to appoint

• 29.
• 25Real property

  25 (1) Except when a contrary intention appears by the will, a general devise of, (a) the real property of the testator; (b) the real property of the testator, (i) in a place mentioned in the will, or (ii) in the occupation of a person mentioned in the will; or (c) real property described in a general manner, includes any real property, or any real property to which the description extends, which he or she has power to appoint in any manner he or she thinks proper and operates as an execution of the power. Personal property (2) Except when a contrary intention appears by the will, a bequest of, (a) the personal property of the testator; or (b) personal property described in a general manner, includes any personal property, or any personal property to which the description extends, which he or she has power to appoint in any manner he or she thinks proper and operates as an execution of t…

• 30.
• 26Real property passing under devise without words of limitation

  26 Except when a contrary intention appears by the will, where real property is devised to a person without words of limitation, the devise passes the fee simple or the whole of any other estate or interest that the testator had power to dispose of by will in the real property. R.S.O. 1990, c. S.26, s. 26.

• 31.
• 27Meaning of “heir” in devise of property

  27 Except when a contrary intention appears by the will, where property is devised or bequeathed to the “heir” or “heirs” of the testator or of another person, the words “heir” or “heirs” mean the person to whom the beneficial interest in the property would have gone under the law of Ontario if the testator or the other person died intestate. R.S.O. 1990, c. S.26, s. 27.

• 32.
• 28Import of words “die without issue”, etc.

  28 (1) Subject to subsection (2), in a devise or bequest of property, (a) the words, (i) “die without issue”, (ii) “die without leaving issue”, or (iii) “have no issue”; or (b) other words importing either a want or failure of issue of a person in his or her lifetime or at the time of his or her death or an indefinite failure of his or her issue, mean a want or failure of issue in the lifetime or at the time of death of that person, and do not mean an indefinite failure of his or her issue unless a contrary intention appears by the will. Cases to which Part not to extend (2) This Part does not extend to cases where the words defined in subsection (1) import, (a) if no issue described in a preceding gift be born; or (b) if there be no issue who live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to that issue. R.S.O. 1990, …

• 33.
• [s35]
• 29Devise to trustee or executor

  29 Except when there is devised to a trustee expressly or by implication an estate for a definite term of years absolute or determinable or an estate of freehold, a devise of real property to a trustee or executor passes the fee simple or the whole of any other estate or interest that the testator had power to dispose of by will in the real property. R.S.O. 1990, c. S.26, s. 29.

• [s36]
• 30When devise to trustee to pass whole estate beyond what is requisite for trust

  30 Where real property is devised to a trustee without express limitation of the estate to be taken by the trustee and the beneficial interest in the real property or in the surplus rents and profits, (a) is not given to a person for life; or (b) is given to a person for life but the purpose of the trust may continue beyond his or her life,

• 34.
• [s37]

  the devise vests in the trustee the fee simple or the whole of any other legal estate that the testator had power to dispose of by will in the real property and not an estate determinable when the purposes of the trust are satisfied. R.S.O. 1990, c. S.26, s. 30.

• 35.
• 31Substitutional gifts

  31 Except when a contrary intention appears by the will, where a devise or bequest is made to a child, grandchild, brother or sister of the testator who dies before the testator, either before or after the testator makes his or her will, and leaves a spouse or issue surviving the testator, the devise or bequest does not lapse but takes effect as if it had been made directly to the persons among whom and in the shares in which the estate of that person would have been divisible, (a) if that person had died immediately after the death of the testator; (b) if that person had died intestate; (c) if that person had died without debts; and (d) if section 45 had not been passed. R.S.O. 1990, c. S.26, s. 31.

• 36.
• 32Primary liability of real property to satisfy mortgage

  32 (1) Where a person dies possessed of, or entitled to, or under a general power of appointment by his or her will disposes of, an interest in freehold or leasehold property which, at the time of his or her death, is subject to a mortgage, and the deceased has not, by will, deed or other document, signified a contrary or other intention, (a) the interest is, as between the different persons claiming through the deceased, primarily liable for the payment or satisfaction of the mortgage debt; and (b) every part of the interest, according to its value, bears a proportionate part of the mortgage debt on the whole interest. Consequence of general direction to pay debts out of personalty or residue (2) A testator does not signify a contrary or other intention within subsection (1) by, (a) a general direction for the payment of debts or of all the debts of the testator out of his or her person…

• 37.
• [s40]
• 33Undisposed of residue

  33 (1) Where a person dies having by will appointed a person executor, the executor is a trustee of any residue not expressly disposed of, for the person or persons, if any, who would be entitled to that residue in the event of intestacy in respect of it, unless it appears by the will that the person so appointed executor was intended to take the residue beneficially. Where no person entitled to residue (2) Nothing in this section prejudices any right in respect of any residue not expressly disposed of to which, if this Part had not been passed, an executor would have been entitled where there is not any person who would be entitled to the testator’s estate under Part II in case of an intestacy. R.S.O. 1990, c. S.26, s. 33.

• 38.
• [s41]

  Conflict of Laws

• 39.
• 34Interpretation, ss. 36 to 41

  34 In sections 36 to 41, (a) an interest in land includes a leasehold estate as well as a freehold estate in land, and any other estate or interest in land whether the estate or interest is real property or is personal property; (b) an interest in movables includes an interest in a tangible or intangible thing other than land, and includes personal property other than an estate or interest in land; (c) “internal law” in relation to any place excludes the choice of law rules of that place. R.S.O. 1990, c. S.26, s. 34.

• 40.
• 35Wills made in or out of Ontario, ss. 36 to 41

  35 Sections 36 to 41 apply to a will made either in or out of Ontario. R.S.O. 1990, c. S.26, s. 35. Application of law, land and movables

• 41.
• [s44]
• 36re interests in land

  36 (1) The manner and formalities of making a will, and its essential validity and effect, so far as it relates to an interest in land, are governed by the internal law of the place where the land is situated. re interests in movables (2) Subject to other provisions of this Part, the manner and formalities of making a will, and its essential validity and effect, so far as it relates to an interest in movables, are governed by the internal law of the place where the testator was domiciled at the time of his or her death. R.S.O. 1990, c. S.26, s. 36.

• [s45]
• 37Application of law, time of making will

  37 (1) As regards the manner and formalities of making a will of an interest in movables or in land, a will is valid and admissible to probate if at the time of its making it complied with the internal law of the place where, (a) the will was made; (b) the testator was then domiciled; (c) the testator then had his or her habitual residence; or (d) the testator then was a national if there was in that place one body of law governing the wills of nationals. Idem (2) As regards the manner and formalities of making a will of an interest in movables or in land, the following are properly made, (a) a will made on board a vessel or aircraft of any description, if the making of the will conformed to the internal law in force in the place with which, having regard to its registration, if any, and other relevant circumstances, the vessel or aircraft may be taken to have been most closely connected…

• 42.
• 38Change of domicile

  38 A change of domicile of the testator occurring after a will is made does not render it invalid as regards the manner and formalities of its making or alter its construction. R.S.O. 1990, c. S.26, s. 38.

• 43.
• [s47]
• 39Construction of will, law of testator’s domicile when will made

  39 Nothing in sections 34 to 42 precludes resort to the law of the place where the testator was domiciled at the time of making a will in aid of its construction as regards an interest in land or an interest in movables. R.S.O. 1990, c. S.26, s. 39.

• PART II INTESTATE SUCCESSION
• [s48]
• 40Movables used in relation to land

  40 Where the value of a thing that is movable consists mainly or entirely in its use in connection with a particular parcel of land by the owner or occupier of the land, succession to an interest in the thing under a will is governed by the law that governs succession to the interest in the land. R.S.O. 1990, c. S.26, s. 40. Application of law, general

• 44.
• [s49]
• 41Formalities

  41 (1) Where, whether under sections 34 to 42 or not, a law in force outside Ontario is to be applied in relation to a will, any requirement of that law that, (a) special formalities are to be observed by testators answering a particular description; or (b) witnesses to the making of a will are to possess certain qualifications, shall be treated, despite any rule of that law to the contrary, as a formal requirement only. Effect of alteration of law (2) In determining for the purposes of sections 34 to 40 whether or not the making of a will conforms to a particular law, regard shall be had to the formal requirements of that law at the time the will was made, but account shall be taken of an alteration of law affecting wills made at that time if the alteration enables the will to be treated as properly made. R.S.O. 1990, c. S.26, s. 41.

• 45.
• [s50]

  International Wills

• 46.
• [s51]
• 42Convention on form of international will

  42 (1) In this section, “convention” means the convention providing a uniform law on the form of international will, a copy of which is set out in the Schedule to this section. R.S.O. 1990, c. S.26, s. 42 (1). Effective date (2) The convention is in force in Ontario and applies to wills as law of Ontario and the rules regarding an international will set out in the Annex to the convention are law in Ontario. R.S.O. 1990, c. S.26, s. 42 (2). Persons authorized under convention (3) All persons licensed under the Law Society Act to practise law in Ontario as barristers and solicitors are designated as persons authorized to act in connection with international wills. 2006, c. 21, Sched. C, s. 135. Validity of wills under other laws (4) Nothing in this section detracts from or affects the validity of a will that is valid under the laws in force in Ontario other than this section. R.S.O. 1990, …

• 47.
• [s52]
• 48.
• Convention Providing a Uniform Law on The Form of an International Will

  Convention Providing a Uniform Law on The Form of an International Will The States signatory to the present Convention, Desiring to provide to a greater extent for the respecting of last wills by establishing an additional form of will hereinafter to be called an “international will” which, if employed, would dispense to some extent with the search for the applicable law; Have resolved to conclude a Convention for this purpose and have agreed upon the following provisions:

• [s53]

  Article I 1. Each Contracting Party undertakes that not later than six months after the date of entry into force of this Convention in respect of that Party it shall introduce into its law the rules regarding an international will set out in the Annex to this Convention. 2. Each Contracting Party may introduce the provisions of the Annex into its law either by reproducing the actual text, or by translating it into its official language or languages. 3. Each Contracting Party may introduce into its law such further provisions as are necessary to give the provisions of the Annex full effect in its territory. 4. Each Contracting Party shall submit to the Depositary Government the text of the rules introduced into its national law in order to implement the provisions of this Convention.

• 49.
• [s54]

  Article II 1. Each Contracting Party shall implement the provisions of the Annex in its law, within the period provided for in the preceding article, by designating the persons who, in its territory, shall be authorized to act in connection with international wills. It may also designate as a person authorized to act with regard to its nationals its diplomatic or consular agents abroad in so far as the local law does not prohibit it. 2. The Party shall notify such designation, as well as any modifications thereof, to the Depositary Government.

• PART III DESIGNATION OF BENEFICIARIES OF INTEREST IN FUNDS OR PLANS
• [s55]

  Article III The capacity of the authorized person to act in connection with an international will, if conferred in accordance with the law of a Contracting Party, shall be recognized in the territory of the other Contracting Parties.

• 50.
• [s56]

  Article IV The effectiveness of the certificate provided for in Article 10 of the Annex shall be recognized in the territories of all Contracting Parties.

• 51.
• [s57]

  Article V 1. The conditions requisite to acting as a witness of an international will shall be governed by the law under which the authorized person was designated. The same rule shall apply as regards an interpreter who is called upon to act. 2. Nonetheless no one shall be disqualified to act as a witness of an international will solely because he is an alien.

• 52.
• [s58]

  Article VI 1. The signature of the testator, of the authorized person, and of the witnesses to an international will, whether on the will or on the certificate, shall be exempt from any legalization or like formality. 2. Nonetheless, the competent authorities of any Contracting Party may, if necessary, satisfy themselves as to the authenticity of the signature of the authorized person.

• 53.
• [s59]

  Article VII The safekeeping of an international will shall be governed by the law under which the authorized person was designated.

• [s60]

  Article VIII No reservation shall be admitted to this Convention or to its Annex.

• 54.
• [s61]

  Article IX 1. The present Convention shall be open for signature at Washington from October 26, 1973, until December 31, 1974. 2. The Convention shall be subject to ratification. 3. Instruments of ratification shall be deposited with the Government of the United States of America, which shall be the Depositary Government.

• [s62]

  Article X 1. The Convention shall be open indefinitely for accession. 2. Instruments of accession shall be deposited with the Depositary Government.

• PART IV SURVIVORSHIP
• [s63]

  Article XI 1. The present Convention shall enter into force six months after the date of deposit of the fifth instrument of ratification or accession with the Depositary Government. 2. In the case of each State which ratifies this Convention or accedes to it after the fifth instrument of ratification or accession has been deposited, this Convention shall enter into force six months after the deposit of its own instrument of ratification or accession.

• 55.
• [s64]

  Article XII 1. Any Contracting Party may denounce this Convention by written notification to the Depositary Government. 2. Such denunciation shall take effect twelve months from the date on which the Depositary Government has received the notification, but such denunciation shall not affect the validity of any will made during the period that the Convention was in effect for the denouncing State.

• 56.
• [s65]

  Article XIII 1. Any State may, when it deposits its instrument of ratification or accession or at any time thereafter, declare, by a notice addressed to the Depositary Government, that this Convention shall apply to all or part of the territories for the international relations of which it is responsible. 2. Such declaration shall have effect six months after the date on which the Depositary Government shall have received notice thereof or, if at the end of such period the Convention has not yet come into force, from the date of its entry into force. 3. Each Contracting Party which has made a declaration in accordance with paragraph 1 of this Article may, in accordance with Article XII, denounce this Convention in relation to all or part of the territories concerned.

• PART V SUPPORT OF DEPENDANTS
• [s66]

  Article XIV 1. If a State has two or more territorial units in which different systems of law apply in relation to matters respecting the form of wills, it may at the time of signature, ratification, or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them, and may modify its declaration by submitting another declaration at any time. 2. These declarations shall be notified to the Depositary Government and shall state expressly the territorial units to which the Convention applies.

• 57.
• [s67]

  Article XV If a Contracting Party has two or more territorial units in which different systems of law apply in relation to matters respecting the form of wills, any reference to the internal law of the place where the will is made or to the law under which the authorized person has been appointed to act in connection with international wills shall be construed in accordance with the constitutional system of the Party concerned.

• 58.
• [s68]

  Article XVI 1. The original of the present Convention, in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Government of the United States of America, which shall transmit certified copies thereof to each of the signatory and acceding States and to the International Institute for the Unification of Private Law. 2. The Depositary Government shall give notice to the signatory and acceding States, and to the International Institute for the Unification of Private Law, of: (a) any signature; (b) the deposit of any instrument of ratification or accession; (c) any date on which this Convention enters into force in accordance with Article XI; (d) any communication received in accordance with Article I, paragraph 4; (e) any notice received in accordance with Article II, paragraph 2; (f) any declaration received in accordance wit…

• 59.
• [s69]

  ANNEX

• 60.
• [s70]
• 61.
• Uniform Law on the Form of an International Will

  Uniform Law on the Form of an International Will

• [s71]

  Article 1 1. A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the provisions set out in Articles 2 to 5 hereinafter. 2. The invalidity of the will as an international will shall not affect its formal validity as a will of another kind.

• 62.
• [s72]

  Article 2 This law shall not apply to the form of testamentary dispositions made by two or more persons in one instrument.

• 63.
• [s73]

  Article 3 1. The will shall be made in writing. 2. It need not be written by the testator himself. 3. It may be written in any language, by hand or by any other means.

• 64.
• [s74]

  Article 4 1. The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is his will and that he knows the contents thereof. 2. The testator need not inform the witnesses, or the authorized person, of the contents of the will.

• 65.
• [s75]

  Article 5 1. In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if he has previously signed it, shall acknowledge his signature. 2. When the testator is unable to sign, he shall indicate the reason therefor to the authorized person who shall make note of this on the will. Moreover, the testator may be authorized by the law under which the authorized person was designated to direct another person to sign on his behalf. 3. The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

• 66.
• [s76]

  Article 6 1. The signatures shall be placed at the end of the will. 2. If the will consists of several sheets, each sheet shall be signed by the testator or, if he is unable to sign, by the person signing on his behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered.

• 67.
• [s77]

  Article 7 1. The date of the will shall be the date of its signature by the authorized person. 2. This date shall be noted at the end of the will by the authorized person.

• 68.
• [s78]

  Article 8 In the absence of any mandatory rule pertaining to the safekeeping of the will, the authorized person shall ask the testator whether he wishes to make a declaration concerning the safekeeping of his will. If so and at the express request of the testator the place where he intends to have his will kept shall be mentioned in the certificate provided for in Article 9.

• 69.
• [s79]

  Article 9 The authorized person shall attach to the will a certificate in the form prescribed in Article 10 establishing that the obligations of this law have been complied with.

• 70.
• [s80]

  Article 10 The certificate drawn up by the authorized person shall be in the following form or in a substantially similar form:

• 71.
• [s81]

  CERTIFICATE

• 72.
• [s82]

  (Convention of October 26, 1973) 1. I, ..............................., (name, address and capacity), a person authorized to act in connection with international wills 2. Certify that on ................................................. (date) at ............................. (place) 3. (testator) ................................... (name, address, date and place of birth) in my presence and that of the witnesses 4. (a) ............................................ (name, address, date and place of birth) (b) ............................................ (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof. 5. I furthermore certify that: 6. (a) in my presence and in that of the witnesses (1) the testator has signed the will or has acknowledged his signature previously affixed. *(2) following a declaration of the…

• 73.
• [s83]

  Article 11 The authorized person shall keep a copy of the certificate and deliver another to the testator.

• 74.
• [s84]

  Article 12 In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as a will under this Law.

• 75.
• [s85]

  Article 13 The absence or irregularity of a certificate shall not affect the formal validity of a will under this Law.

• 76.
• [s86]

  Article 14 The international will shall be subject to the ordinary rules of revocation of wills.

• 77.
• [s87]

  Article 15 In interpreting and applying the provisions of this law, regard shall be had to its international origin and to the need for uniformity in its interpretation. R.S.O. 1990, c. S.26, s. 42, Schedule.

• 78.
• [s88]
• 43Application of Part

  43 This Part applies to wills made before, on or after the 31st day of March, 1978 where the testator has not died before that date. R.S.O. 1990, c. S.26, s. 43.

• 79.
• [s89]

  PART II INTESTATE SUCCESSION

• [s90]
• 43.1Non-application of intestacy rules to separated spouses

  43.1 (1) Any provision in this Part that provides for the entitlement of a person’s spouse to any of the person’s property does not apply with respect to the spouse if the spouses are separated at the time of the person’s death, as determined under subsection (2). 2021, c. 4, Sched. 9, s. 6. Same (2) A spouse is considered to be separated from the deceased person at the time of the person’s death for the purposes of subsection (1), if, (a) before the person’s death, (i) they lived separate and apart as a result of the breakdown of their marriage for a period of three years, if the period immediately preceded the death, (ii) they entered into an agreement that is a valid separation agreement under Part IV of the Family Law Act, (iii) a court made an order with respect to their rights and obligations in the settlement of their affairs arising from the breakdown of their marriage, or (iv) a…

• [s91]
• 44Intestacy where spouse and no issue

  44 Where a person dies intestate in respect of property and is survived by a spouse and not survived by issue, the spouse is entitled to the property absolutely. R.S.O. 1990, c. S.26, s. 44.

• 45Preferential share of spouse

  45 (1) Subject to subsection (3), where a person dies intestate in respect of property having a net value of not more than the preferential share and is survived by a spouse and issue, the spouse is entitled to the property absolutely. 1994, c. 27, s. 63 (1). Same (2) Subject to subsection (3), where a person dies intestate in respect of property having a net value of more than the preferential share and is survived by a spouse and issue, the spouse is entitled to the preferential share absolutely. 1994, c. 27, s. 63 (1). Same (3) Despite subsection (1), where a person dies testate as to some property and intestate as to other property and is survived by a spouse and issue, and, (a) where the spouse is entitled under the will to nothing or to property having a net value of less than the preferential share, the spouse is entitled out of the intestate property to the amount by which the pr…

• 46Same: spouse and one child

  46 (1) Where a person dies intestate in respect of property and leaves a spouse and one child, the spouse is entitled to one-half of the residue of the property after payment under section 45, if any. Same: spouse and two or more children (2) Where a person dies intestate in respect of property and leaves a spouse and more than one child, the spouse is entitled to one-third of the residue of the property after payment under section 45, if any. Same: issue of predeceased children (3) Where a child has died leaving issue living at the date of the intestate’s death, the spouse’s share shall be the same as if the child had been living at that date. R.S.O. 1990, c. S.26, s. 46. Distribution of kin

• 47Issue

  47 (1) Subject to subsection (2), where a person dies intestate in respect of property and leaves issue surviving him or her, the property shall be distributed, subject to the rights of the spouse, if any, equally among his or her issue who are of the nearest degree in which there are issue surviving him or her. R.S.O. 1990, c. S.26, s. 47 (1). Share of predeceasing issue (2) Where any issue of the degree entitled under subsection (1) has predeceased the intestate, the share of such issue shall be distributed among his or her issue in the manner set out in subsection (1) and the share devolving upon any issue of that and subsequent degrees who predecease the intestate shall be similarly distributed. R.S.O. 1990, c. S.26, s. 47 (2). Parents (3) Where a person dies intestate in respect of property and leaves no spouse or issue, the property shall be distributed between the parents of the d…

• [s95]
• 48Abolition of curtesy

  48 The common law right of a widower to curtesy is abolished. R.S.O. 1990, c. S.26, s. 48.

• 49Application of Part

  49 This Part applies to an intestacy upon a death occurring on or after the 31st day of March, 1978. R.S.O. 1990, c. S.26, s. 49.

• [s97]

  PART III DESIGNATION OF BENEFICIARIES OF INTEREST IN FUNDS OR PLANS