6 (1) When a spouse dies leaving a will, the surviving spouse shall elect to take under the will or to receive the entitlement under section 5.  R.S.O. 1990, c. F.3, s. 6 (1). Spouse’s intestacy (2) When a spouse dies intestate, the surviving spouse shall elect to receive the entitlement under Part II of the Succession Law Reform Act or to receive the entitlement under section 5.  R.S.O. 1990, c. F.3, s. 6 (2). Spouse’s partial intestacy (3) When a spouse dies testate as to some property and intestate as to other property, the surviving spouse shall elect to take under the will and to receive the entitlement under Part II of the Succession Law Reform Act, or to receive the entitlement under section 5.  R.S.O. 1990, c. F.3, s. 6 (3). Property outside estate (4) A surviving spouse who elects to take under the will or to receive the entitlement under Part II of the Succession Law Reform Act, or both in the case of a partial intestacy, shall also receive the other property to which he or she is entitled because of the first spouse’s death.  R.S.O. 1990, c. F.3, s. 6 (4). Gifts by will (5) The surviving spouse shall receive the gifts made to him or her in the deceased spouse’s will in addition to the entitlement under section 5 if the will expressly provides for that result.  R.S.O. 1990, c. F.3, s. 6 (5). Amounts to be credited (6) The rules in subsection (7) apply if a surviving spouse elects or has elected to receive an entitlement under section 5 and is, (a) the beneficiary of a policy of life insurance, as defined in the Insurance Act, that was taken out on the life of the deceased spouse and owned by the deceased spouse or was taken out on the lives of a group of which he or she was a member; (b) the beneficiary of a lump sum payment provided under a pension or similar plan on the death of the deceased spouse; or (c) the recipient of property or a portion of property to which the surviving spouse becomes entitled by right of survivorship or otherwise on the death of the deceased spouse.  2009, c. 11, s. 23. Same (7) The following rules apply in the circumstances described in subsection (6): 1. The amount of every payment and the value of every property or portion of property described in that subsection, less any contingent tax liability in respect of the payment, property or portion of property, shall be credited against the surviving spouse’s entitlement under section 5. 2. If the total amount of the credit under paragraph 1 exceeds the entitlement under section 5, the deceased spouse’s personal representative may recover the excess amount from the surviving spouse. 3. Paragraphs 1 and 2 do not apply in respect of a payment, property or portion of property if, i. the deceased spouse provided in a written designation, will or other written instrument, as the case may be, that the surviving spouse shall receive the payment, property or portion of property in addition to the entitlement under section 5, or ii. in the case of property or a portion of property referred to in clause (6) (c), if the surviving spouse’s entitlement to the property or portion of property was established by or on behalf of a third person, either the deceased spouse or the third person provided in a will or other written instrument that the surviving spouse shall receive the property or portion of property in addition to the entitlement under section 5.  2009, c. 11, s. 23. Effect of election to receive entitlement under s. 5 (8) When a surviving spouse elects to receive the entitlement under section 5, the gifts made to him or her in the deceased spouse’s will are revoked and the will shall be interpreted as if the surviving spouse had died before the other, unless the will expressly provides that the gifts are in addition to the entitlement under section 5.  R.S.O. 1990, c. F.3, s. 6 (8). Idem (9) When a surviving spouse elects to receive the entitlement under section 5, the spouse shall be deemed to have disclaimed the entitlement under Part II of the Succession Law Reform Act.  R.S.O. 1990, c. F.3, s. 6 (9). Manner of making election (10) The surviving spouse’s election shall be in the form prescribed by the regulations and shall be filed in the office of the Estate Registrar for Ontario within six months after the first spouse’s death.  R.S.O. 1990, c. F.3, s. 6 (10); 2014, c. 7, Sched. 9, s. 2. Deemed election (11) If the surviving spouse does not file the election within that time, he or she shall be deemed to have elected to take under the will or to receive the entitlement under the Succession Law Reform Act, or both, as the case may be, unless the court, on application, orders otherwise.  R.S.O. 1990, c. F.3, s. 6 (11). Priority of spouse’s entitlement (12) The spouse’s entitlement under section 5 has priority over, (a) the gifts made in the deceased spouse’s will, if any, subject to subsection (13); (b) a person’s right to a share of the estate under Part II (Intestate Succession) of the Succession Law Reform Act; (c) an order made against the estate under Part V (Support of Dependants) of the Succession Law Reform Act, except an order in favour of a child of the deceased spouse.  R.S.O. 1990, c. F.3, s. 6 (12). Exception (13) The spouse’s entitlement under section 5 does not have priority over a gift by will made in accordance with a contract that the deceased spouse entered into in good faith and for valuable consideration, except to the extent that the value of the gift, in the court’s opinion, exceeds the consideration.  R.S.O. 1990, c. F.3, s. 6 (13). Distribution within six months of death restricted (14) No distribution shall be made in the administration of a deceased spouse’s estate within six months of the spouse’s death, unless, (a) the surviving spouse gives written consent to the distribution; or (b) the court authorizes the distribution.  R.S.O. 1990, c. F.3, s. 6 (14). Idem, notice of application (15) No distribution shall be made in the administration of a deceased spouse’s estate after the personal representative has received notice of an application under this Part, unless, (a) the applicant gives written consent to the distribution; or (b) the court authorizes the distribution.  R.S.O. 1990, c. F.3, s. 6 (15); 2020, c. 25, Sched. 3, s. 2. Extension of limitation period (16) If the court extends the time for a spouse’s application based on subsection 5 (2), any property of the deceased spouse that is distributed before the date of the order and without notice of the application shall not be brought into the calculation of the deceased spouse’s net family property.  R.S.O. 1990, c. F.3, s. 6 (16). Exception (17) Subsections (14) and (15) do not prohibit reasonable advances to dependants of the deceased spouse for their support.  R.S.O. 1990, c. F.3, s. 6 (17). Definition (18) In subsection (17), “dependant” has the same meaning as in Part V of the Succession Law Reform Act.  R.S.O. 1990, c. F.3, s. 6 (18). Liability of personal representative (19) If the personal representative makes a distribution that contravenes subsection (14) or (15), the court makes an order against the estate under this Part and the undistributed portion of the estate is not sufficient to satisfy the order, the personal representative is personally liable to the applicant for the amount that was distributed or the amount that is required to satisfy the order, whichever is less.  R.S.O. 1990, c. F.3, s. 6 (19). Order suspending administration (20) On motion by the surviving spouse, the court may make an order suspending the administration of the deceased spouse’s estate for the time and to the extent that the court decides.  R.S.O. 1990, c. F.3, s. 6 (20). Application of section where no Part II entitlement (21) If section 43.1 of the Succession Law Reform Act provides that a surviving spouse has no entitlement to the deceased spouse’s property under Part II of that Act, this section applies as if the surviving spouse’s entitlement under that Part has a value of $0. 2021, c. 4, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 38, s. 2 (2) - 30/04/2007 2009, c. 11, s. 23 - 14/05/2009 2014, c. 7, Sched. 9, s. 2 - 04/04/2016 2020, c. 25, Sched. 3, s. 2 - 20/11/2020 2021, c. 4, Sched. 9, s. 7 - 01/01/2022