Scotia Wealth Management
June 17th, 2025
Ontario has changed how inheritance works for separated spouses. If you’re separated and living in Ontario, these new rules could affect who receives your estate whether or not you have a will.
According to a recent Angus Reid survey about half of Canadians don’t have a will. When someone dies intestate — without a will — provincial laws determine who inherits. In most provinces, intestacy rules prioritize legally married spouses, often including those who are separated, and biological or adopted children.
As an example, take the (fictional) case of Dr. K, a 56-year-old oncologist in Ontario who dies suddenly and intestate. She has a 22-year-old son from a previous marriage, and remarried in her early forties. Her second marriage ended after ten years, but the divorce isn’t finalized before her death. Dr. K’s estate will be divided according to Ontario’s intestacy rules. Her estranged husband receives $1,175,000, and her son $825,000 — an outcome that likely does not reflect her wishes.
As of January 1, 2025, that outcome is no longer guaranteed. Ontario has introduced new rules that will prevent a separated spouse from inheriting — with or without a previously-made will — if certain conditions are met.
Separated spouses in Ontario can no longer automatically inherit
In Ontario, if you are separated and die without a will, your spouse is no longer automatically entitled to inherit a share of your estate. The new rules apply if you separated on or after January 1, 2022, at the time of your death you were living separate and apart as a result of the breakdown of your marriage, and at least one of the following had occurred before your death:
- you had been living separate and apart as the result of the breakdown in your marriage for at least three years;
- you had signed a valid separation agreement;
- a court had issued an order settling your affairs arising from the breakdown in your marriage; or
- a family arbitrator had made a binding award settling your affairs arising from the breakdown in your marriage.
If these conditions are met, a separated spouse will not inherit from your estate should you die intestate, and any legacies or roles (e.g., executor, trustee) granted to them in a will made before the date of your separation are also revoked.
This change puts separated spouses on the same footing as divorced spouses, who already had no inheritance rights. Because a separation is often less formal than divorce, timing and documentation matter.
Separation doesn’t just change your life — it can dramatically affect your financial legacy. With Ontario’s new inheritance rules and the varying laws across Canada, assuming your wishes will be honoured without proper documentation is a risky bet. Whether you’re newly separated, in the process, or simply haven’t reviewed your estate plan in years, now is the time to act. A valid, up-to-date will, along with a clear strategy for your assets and beneficiaries, is the best way to ensure your intentions are respected.
Scotia Wealth Management
