Canadian Bar Association
By Mikayla Castagna
October 8th, 2024
The Succession Law Reform Act (SLRA) was enacted in Ontario in 1977 and sets out rules for how one’s estate and assets shall be distributed if they die without a valid will.
In other words, the SLRA governs intestate succession. The introduction of the SLRA generated extremely important changes to Ontario’s succession regime and was appreciated for “making the law more attuned to the conditions of today’s society.”
The law cannot remain static and must reflect changing social norms in order to properly serve society’s diverse and ever-evolving needs.
While the Succession Law Reform Act has been a serviceable piece of legislation, there are significant deficiencies that must be addressed, as family structures and intentions are not universal. The current rules seek to uphold a historical blueprint for how families “ought to be” and safeguards only those who conform to its nuclear structure. Family is legally defined through intestacy rules as those related by blood and marriage. However, since the SLRA’s enactment in 1977, familial compositions and societal norms have changed drastically.
Ontario has never been in the vanguard of succession law, and its present legislative scheme is in danger of slipping from the conventional to the archaic. Ontario owes itself a thorough reassessment of the policy basis of its succession law.
David Simmonds, Law Professor, University of Ottawa
