Miller Thomson
By Howard Black, April 10th, 2025
Your father, recently widowed and in declining health, has just announced he’s remarried — to a much younger caregiver. You’ve never met her. Now, you’re wondering: what happens to the house, his savings, and the Will you thought protected your family?
These aren’t rare scenarios. They’re the warning signs of what legal professionals call a predatory marriage — and the legal system doesn’t always catch them in time.
A predatory marriage typically refers to a union in which a younger individual (usually female) becomes involved in a relationship with an elderly person (usually male) with the primary objective of securing financial benefit. These situations are especially concerning when the older individual is experiencing cognitive decline or social isolation, making them particularly vulnerable to undue influence.
Historically, entering into a marriage automatically revoked any prior Will in Ontario, unless the Will was made in contemplation of marriage. This legal rule created a significant loophole for individuals seeking to benefit from the estate of a vulnerable person — effectively nullifying previous estate plans and causing the deceased to die intestate (without a valid Will).
Fortunately, recent legislative amendments in Ontario have closed this gap: marriage no longer revokes an existing Will. However, this does not fully prevent financial abuse. A new spouse may still pressure or persuade the older individual to execute a new Will — often to the exclusion of children or long-standing beneficiaries.
Even in the absence of a new Will, the surviving spouse may assert statutory claims against the estate, such as:
- A preferential share under intestacy rules;
- A claim for dependant’s support; or
- An equalization claim under family property legislation.
These claims can significantly reduce the assets available to the deceased’s intended heirs.
If you have a parent, relative, or close friend who is elderly — particularly after the death of a long-time spouse — remain vigilant. Be cautious about confronting your relative or friend directly, since they may take offence to your intrusion and may become quite defensive.
Howard Black, Partner, Miller Thomson, Toronto
