Changes to the Succession Law Reform Act and Family Law Act

By Andrea Cooley
March 7th, 2025

Often, Family Law intersects with other areas of law.  There have been several amendments to the Succession Law Reform Act (SLRA) that have significant consequences to separated spouses. 

Changes made to sections 17 and 43.1 of the SLRA, came into effect as of January 1, 2022 impact separated spouses.  If the spouses have been living separate and apart due to a breakdown in marriage for a period of three years or more, they have entered into a valid separation agreement, or either a Court Order or family arbitration award was made in settlement of their affairs arising from the breakdown of their marriage, then they will be treated as if they were divorced, so that:

1. Gifts left to the separated spouse in the decease’s Will are revoked;
2. Appointment of the testator’s separated spouse as Executor or Trustee in the decease’s Will  is also revoked; and
3. A separated spouse is not entitled to inheritance rights if the deceased dies without a Will (intestate).

Formerly #1 and #2 above only applied to divorced spouses, not separated spouses. The changes to the SLRA are a dramatic shift, including now that a surviving separated spouse is no longer entitled to share in the estate of the deceased if they die intestate (without a Will). It should be noted that these changes are not retroactive, in that they apply on a go forward basis to spouses that separate after January 1, 2022. 

It is crucial for parties going through a separation and/or divorce to understand the impact of these changes on their family law case, especially as they negotiate and enter into a Separation Agreement or a settlement at Court.

It is also imperative for separated spouses to review, revise and/or update their Will, to avoid unintended outcomes, such as having their assets being distributed in a way that they did not intend, or if a separated spouse still intends to give testamentary gifts to their spouse then they need to update their Will to ensure the gifts are not revoked due to their separation.

Andrea Cooley, Siskinds Family Law Department