jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “child” includes, (a)  a child conceived before and born alive after the parent’s death, and (b)  a child conceived and born alive after the parent’s death, if the conditions in subsection 1.1 (1) are met; (“enfant”) “grandchild” means the child of a child; (“petit-fils”, “petite-fille”) “issue” includes, (a)  a descendant conceived before and born alive after the person’s death, and (b)  a descendant conceived and born alive after the person’s death, if the conditions in subsection 1.1 (1) are met; (“descendance”) “personal representative” means an executor, an administrator or an administrator with will annexed; (“représentant successoral”) “spouse”, except in Part V, has the same meaning as in section 1 of the Family Law Act; (“conjoint”) “will” includes, (a)  a testament, (b)  a codicil, (c)  an appointment by will or by writing in the nature of a will in exercise of a power, and (d)  any other testamentary disposition. (“testament”)  R.S.O. 1990, c. S.26, s. 1 (1); 2005, c. 5, s. 66 (1, 2); 2016, c. 23, s. 71 (1-4); 2021, c. 4, Sched. 11, s. 36 (1). (2) Repealed: 2016, c. 23, s. 71 (5). Relationship of persons born outside marriage (3) In this Act, and in any will unless a contrary intention is shown in the will, a reference to a person in terms of a relationship to another person determined by blood or marriage shall be deemed to include a person who comes within the description despite the fact that he or she or any other person through whom the relationship is traced was born outside marriage.  R.S.O. 1990, c. S.26, s. 1 (3). Application of subs. (3) (4) Subsection (3) applies in respect of wills made on or after the 31st day of March, 1978.  R.S.O. 1990, c. S.26, s. 1 (4). Section Amendments with date in force (d/m/y) 2005, c. 5, s. 66 (1, 2) - 09/03/2005 2016, c. 23, s. 71 (1-5) - 01/01/2017 2021, c. 4, Sched. 11, s. 36 (1) - 19/04/2021
1.1 (1) The following conditions respecting a child conceived and born alive after a person’s death apply for the purposes of this Act: 1.  The person who, at the time of the death of the deceased person, was his or her spouse, must give written notice to the Estate Registrar for Ontario that the person may use reproductive material or an embryo to attempt to conceive, through assisted reproduction and with or without a surrogate, a child in relation to which the deceased person intended to be a parent. 2.  The notice under paragraph 1 must be in the form provided by the Ministry of the Attorney General and given no later than six months after the deceased person’s death. 3.  The posthumously-conceived child must be born no later than the third anniversary of the deceased person’s death, or such later time as may be specified by the Superior Court of Justice under subsection (3). 4.  A court has made a declaration under section 12 of the Children’s Law Reform Act establishing the deceased person’s parentage of the posthumously-conceived child. 2016, c. 23, s. 71 (6). Interpretation (2) For the purposes of paragraph 1 of subsection (1), “assisted reproduction”, “embryo”, “reproductive material”, “spouse” and “surrogate” have the same meaning as in section 1 of the Children’s Law Reform Act. 2016, c. 23, s. 71 (6). Extension of time (3) On motion or application, as the case may be, by a surviving spouse who gives notice under paragraph 1 of subsection (1), the Superior Court of Justice may make an order extending the period referred to in paragraph 3 of that subsection, if the Court considers it appropriate in the circumstances. 2016, c. 23, s. 71 (6). Section Amendments with date in force (d/m/y) 2016, c. 23, s. 71 (6)
- 01/01/2017 PART I   TESTATE SUCCESSION General
2 A person may by will devise, bequeath or dispose of all property (whether acquired before or after making his or her will) to which at the time of his or her death he or she is entitled either at law or in equity, including, (a)  estates for another’s life, whether there is or is not a special occupant and whether they are corporeal or incorporeal hereditaments; (b)  contingent, executory or other future interests in property, whether the testator is or is not ascertained as the person or one of the persons in whom those interests may respectively become vested, and whether he or she is entitled to them under the instrument by which they were respectively created or under a disposition of them by deed or will; and (c)  rights of entry, whether for conditions broken or otherwise.  R.S.O. 1990, c. S.26, s. 2.
3 A will is valid only when it is in writing.  R.S.O. 1990, c. S.26, s. 3.
4 (1) In this section, “audio-visual communication technology” means any electronic method of communication which allows participants to see, hear and communicate with one another in real time. 2021, c. 4, Sched. 9, s. 1 (2). Valid execution of will (2) Subject to subsection (3) and to sections 5 and 6, a will is not valid unless, (a)  at its end it is signed by the testator or by some other person in his or her presence and by his or her direction; (b)  the testator makes or acknowledges the signature in the presence of two or more attesting witnesses present at the same time; and (c)  two or more of the attesting witnesses subscribe the will in the presence of the testator. 2021, c. 4, Sched. 9, s. 1 (1). Permitted use of audio-visual communication technology (3) A requirement in clause (2) (b) or (c) that witnesses be in the presence of the testator or in one another’s presence for the making or acknowledgment of a signature on a will or for the subscribing of a will may be satisfied through the use of audio-visual communication technology, if, (a)  at least one person who acts as a witness is a licensee within the meaning of the Law Society Act at the time; (b)  the making or acknowledgment of the signature and the subscribing of the will are contemporaneous; and (c)  the requirements specified by the regulations made under subsection (7), if any, are met. 2021, c. 4, Sched. 9, s. 1 (2). Counterpart signing, subscribing (4) For the purposes of clause (3) (b), signatures and subscriptions required to be made under clause (2) (b) or (c) may, subject to any requirements specified by the regulations made under subsection (7), be made by signing or subscribing complete, identical copies of the will in counterpart, which shall together constitute the will. 2021, c. 4, Sched. 9, s. 1 (2). Same (5) For the purposes of subsection (4), copies of a will are identical even if there are minor, non-substantive differences in format or layout between the copies. 2021, c. 4, Sched. 9, s. 1 (1). No form of attestation (6) Where witnesses are required by this section, no form of attestation is necessary. 2021, c. 4, Sched. 9, s. 1 (1). Regulations (7) The Minister responsible for the administration of this Act may make regulations providing for requirements that must be met under subsection (3) or (4). 2021, c. 4, Sched. 9, s. 1 (3). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 9, s. 1 (1) - 07/04/2020; 2021, c. 4, Sched. 9, s. 1 (2, 3) - 20/05/2021
5 (1) A person who is, (a)  a member of the Canadian Forces placed on active service under the National Defence Act (Canada); (b)  a member of any other naval, land or air force while on active service; or (c)  a sailor when at sea or in the course of a voyage, may make a will by a writing signed by him or her or by some other person in his or her presence and by his or her direction without any further formality or any requirement of the presence of or attestation or signature by a witness. Certificate of active service (2) For the purposes of this section, a certificate purporting to be signed by or on behalf of an officer having custody of the records certifying that he or she has custody of the records of the force in which a person was serving at the time the will was made, setting out that the person was on active service at that time, is proof, in the absence of evidence to the contrary, of that fact. Where certificate not available (3) For the purposes of this section, if a certificate under subsection (2) is not available, a member of a naval, land or air force is deemed to be on active service after he or she has taken steps under the orders of a superior officer preparatory to serving with or being attached to or seconded to a component of such a force that has been placed on active service.  R.S.O. 1990, c. S.26, s. 5.
6 A testator may make a valid will wholly by his or her own handwriting and signature, without formality, and without the presence, attestation or signature of a witness.  R.S.O. 1990, c. S.26, s. 6.
7 (1) In so far as the position of the signature is concerned, a will, whether holograph or not, is valid if the signature of the testator made either by him or her or the person signing for him or her is placed at, after, following, under or beside or opposite to the end of the will so that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as his or her will. Idem (2) A will is not rendered invalid by the circumstance that, (a)  the signature does not follow or is not immediately after the end of the will; (b)  a blank space intervenes between the concluding words of the will and the signature; (c)  the signature, (i)  is placed among the words of a testimonium clause or of a clause of attestation, (ii)  follows or is after or under a clause of attestation either with or without a blank space intervening, or (iii)  follows or is after, under or beside the name of a subscribing witness; (d)  the signature is on a side, page or other portion of the paper or papers containing the will on which no clause, paragraph or disposing part of the will is written above the signature; or (e)  there appears to be sufficient space on or at the bottom of the preceding side, page or other portion of the same paper on which the will is written to contain the signature. Idem (3) The generality of subsection (1) is not restricted by the enumeration of circumstances set out in subsection (2), but a signature in conformity with section 4, 5 or 6 or this section does not give effect to, (a)  a disposition or direction that is underneath the signature or that follows the signature; or (b)  a disposition or direction inserted after the signature was made.  R.S.O. 1990, c. S.26, s. 7.
8 (1) A will made by a person who is under the age of eighteen years is not valid unless at the time of making the will the person, (a)  is or has been married; (b)  is contemplating marriage and the will states that it is made in contemplation of marriage to a named person except that such a will is not valid unless and until the marriage to the named person takes place; (c)  is a member of a component of the Canadian Forces, (i)  that is referred to in the National Defence Act (Canada) as a regular force, or (ii)  while placed on active service under the National Defence Act (Canada); or (d)  is a sailor and at sea or in the course of a voyage. Certificate of active service (2) A certificate purporting to be signed by or on behalf of an officer having custody of the records certifying that he or she has custody of the records of the force in which a person was serving at the time the will was made, setting out that the person was at that time a member of a regular force or was on active service within clause (1) (c), is proof, in the absence of evidence to the contrary, of that fact. Revocation (3) A person who has made a will under subsection (1) may, while under the age of eighteen years, revoke the will.  R.S.O. 1990, c. S.26, s. 8.
9 No appointment made by will in exercise of any power is valid unless the appointment is executed in the manner hereinbefore required, and every will executed in the manner hereinbefore required is, so far as respects the execution and attestation thereof, a valid execution of a power of appointment by will, despite the fact that it has been expressly required that a will made in exercise of such power shall be executed with some additional or other form of execution or solemnity.  R.S.O. 1990, c. S.26, s. 9.
10 A will made in accordance with this Part is valid without other publication.  R.S.O. 1990, c. S.26, s. 10.
11 Where a person who attested a will was at the time of its execution or afterward has become incompetent as a witness to prove its execution, the will is not on that account invalid.  R.S.O. 1990, c. S.26, s. 11. Witness etc., beneficiary from will
12 (1) Where a will is attested by a person to whom or to whose then spouse a beneficial devise, bequest or other disposition or appointment of or affecting property, except charges and directions for payment of debts, is thereby given or made, the devise, bequest or other disposition or appointment is void so far only as it concerns, (a)  the person so attesting; (b)  the spouse; or (c)  a person claiming under either of them, but the person so attesting is a competent witness to prove the execution of the will or its validity or invalidity.  R.S.O. 1990, c. S.26, s. 12 (1). Where will signed for testator by another person (2) Where a will is signed for the testator by another person in accordance with section 4, to whom or to whose then spouse a beneficial devise, bequest or other disposition or appointment of or affecting property, except charges and directions for payment of debts, is thereby given or made, the devise, bequest, or other disposition is void so far only as it concerns, (a)  the person so signing; (b)  the spouse; or (c)  a person claiming under either of them, but the will is not invalid for that reason.  R.S.O. 1990, c. S.26, s. 12 (2). Where no undue influence (3) Despite anything in this section, where the Superior Court of Justice is satisfied that neither the person so attesting or signing for the testator nor the spouse exercised any improper or undue influence upon the testator, the devise, bequest or other disposition or appointment is not void.  R.S.O. 1990, c. S.26, s. 12 (3); 2006, c. 19, Sched. C, s. 1 (1). Exception (4) Where a will is attested by at least two persons who are not within subsection (1) or where no attestation is necessary, the devise, bequest or other disposition or appointment is not void under that subsection.  R.S.O. 1990, c. S.26, s. 12 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
13 Where property is charged by a will with a debt and a creditor or the spouse of a creditor whose debt is so charged attests a will, the person so attesting, despite the charge, is a competent witness to prove the execution of the will or its validity or invalidity.  R.S.O. 1990, c. S.26, s. 13.
14 A person is not incompetent as a witness to prove the execution of a will or its validity or invalidity solely because he or she is an executor.  R.S.O. 1990, c. S.26, s. 14.
15 A will or part of a will is revoked only by, (a)  Repealed: 2021, c. 4, Sched. 9, s. 2. (b)  another will made in accordance with the provisions of this Part; (c)  a writing, (i)  declaring an intention to revoke, and (ii)  made in accordance with the provisions of this Part governing making of a will; or (d)  burning, tearing or otherwise destroying it by the testator or by some person in his or her presence and by his or her direction with the intention of revoking it.  R.S.O. 1990, c. S.26, s. 15; 2021, c. 4, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 9, s. 2 - 01/01/2022 16 Repealed: 2021, c. 4, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 9, s. 3 - 01/01/2022
17 (1) Except as otherwise provided in this section, a will is not revoked by presumption of an intention to revoke it on the ground of a change in circumstances. R.S.O. 1990, c. S.26, s. 17 (1); 2021, c. 4, Sched. 9, s. 4 (1). Exception on termination of marriage (2) Except when a contrary intention appears by the will, where, after the testator makes a will, his or her marriage is terminated by a judgment absolute of divorce or is declared a nullity, (a)  a devise or bequest of a beneficial interest in property to his or her former spouse; (b)  an appointment of his or her former spouse as executor or trustee; and (c)  the conferring of a general or special power of appointment on his or her former spouse, are revoked and the will shall be construed as if the former spouse had predeceased the testator.  R.S.O. 1990, c. S.26, s. 17 (2). Exception on separation (3) Subsection (2) applies, with necessary modifications, on the death of the testator, if the spouses are separated at the time of the testator’s death, as determined under subsection (4). 2021, c. 4, Sched. 9, s. 4 (2). Same (4) A spouse is considered to be separated from the testator at the time of the testator’s death for the purposes of subsection (3), if, (a)  before the testator’s death, (i)  they lived separate and apart as a result of the breakdown of their marriage for a period of three years, if the period immediately preceded the death, (ii)  they entered into an agreement that is a valid separation agreement under Part IV of the Family Law Act, (iii)  a court made an order with respect to their rights and obligations in the settlement of their affairs arising from the breakdown of their marriage, or (iv)  a family arbitration award was made under the
Arbitration Act, 1991 with respect to their rights and obligations in the settlement of their affairs arising from the breakdown of their marriage; and (b)  at the time of the testator’s death, they were living separate and apart as a result of the breakdown of their marriage. 2021, c. 4, Sched. 9, s. 4 (2). Transition (5) Subsection (3) applies in respect of a separation if an event referred to in clause (4) (a) occurs on or after the day subsection 4 (2) of Schedule 9 to the Accelerating Access to Justice Act, 2021 came into force, even if the will was made before that day, except that in the case of subclause (4) (a) (i), the spouses must also have begun to live separate and apart on or after that day. 2021, c. 4, Sched. 9, s. 4 (2). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 9, s. 4 (1, 2) - 01/01/2022
18 (1) Subject to subsection (2), unless an alteration that is made in a will after the will has been made is made in accordance with the provisions of this Part governing making of the will, the alteration has no effect except to invalidate words or the effect of the will that it renders no longer apparent. How validly made (2) An alteration that is made in a will after the will has been made is validly made when the signature of the testator and subscription of witnesses to the signature of the testator to the alteration, or, in the case of a will that was made under section 5 or 6, the signature of the testator, are or is made, (a)  in the margin or in some other part of the will opposite or near to the alteration; or (b)  at the end of or opposite to a memorandum referring to the alteration and written in some part of the will.  R.S.O. 1990, c. S.26, s. 18.
19 (1) A will or part of a will that has been in any manner revoked is revived only, (a)  by a will made in accordance with the provisions of this Part; or (b)  by a codicil that has been made in accordance with the provisions of this Part, that shows an intention to give effect to the will or part that was revoked, or, (c)  by re-execution thereof with the required formalities, if any. As to part formerly revoked (2) Except when a contrary intention is shown, when a will which has been partly revoked and afterward wholly revoked is revived, the revival does not extend to the part that was revoked before the revocation of the whole.  R.S.O. 1990, c. S.26, s. 19.
20 (1) A conveyance of or other act relating to property that is the subject of a devise, bequest or other disposition, made or done after the making of a will, does not prevent operation of the will with respect to any estate or interest in the property that the testator had power to dispose of by will at the time of his or her death. Rights in place of property devised (2) Except when a contrary intention appears by the will, where a testator at the time of his or her death, (a)  has a right, chose in action or equitable estate or interest that was created by a contract respecting a conveyance of, or other act relating to, property that was the subject of a devise or bequest, made before or after the making of a will; (b)  has a right to receive the proceeds of a policy of insurance covering loss of or damage to property that was the subject of a devise or bequest, whether the loss or damage occurred before or after the making of the will; (c)  has a right to receive compensation for the expropriation of property that was the subject of a devise or bequest, whether the expropriation occurred before or after the making of the will; or (d)  has a mortgage, charge or other security interest in property that was the subject of a devise or bequest, taken by the testator on the sale of such property, whether such mortgage, charge or other security interest was taken before or after the making of the will, the devisee or donee of that property takes the right, chose in action, equitable estate or interest, right to insurance proceeds or compensation, or mortgage, charge or other security interest of the testator.  R.S.O. 1990, c. S.26, s. 20.
21 When a will has been revived in the manner described in section 19, the will shall be deemed to have been made at the time at which it was so revived.  R.S.O. 1990, c. S.26, s. 21.
21.1 (1) If the Superior Court of Justice is satisfied that a document or writing that was not properly executed or made under this Act sets out the testamentary intentions of a deceased or an intention of a deceased to revoke, alter or revive a will of the deceased, the Court may, on application, order that the document or writing is as valid and fully effective as the will of the deceased, or as the revocation, alteration or revival of the will of the deceased, as if it had been properly executed or made. 2021, c. 4, Sched. 9, s. 5. No electronic wills (2) Subsection (1) is subject to section 31 of the Electronic Commerce Act, 2000. 2021, c. 4, Sched. 9, s. 5. Transition (3) Subsection (1) applies if the deceased died on or after the day section 5 of Schedule 9 to the Accelerating Access to Justice Act, 2021 came into force. 2021, c. 4, Sched. 9, s. 5. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 9, s. 5 - 01/01/2022
22 Except when a contrary intention appears by the will, a will speaks and takes effect as if it had been made immediately before the death of the testator with respect to, (a)  the property of the testator; and (b)  the right, chose in action, equitable estate or interest, right to insurance proceeds or compensation, or mortgage, charge or other security interest of the testator under subsection 20 (2).  R.S.O. 1990, c. S.26, s. 22.
23 Except when a contrary intention appears by the will, property or an interest therein that is comprised or intended to be comprised in a devise or bequest that fails or becomes void by reason of, (a)  the death of the devisee or donee in the lifetime of the testator; or (b)  the devise or bequest being disclaimed or being contrary to law or otherwise incapable of taking effect, is included in the residuary devise or bequest, if any, contained in the will.  R.S.O. 1990, c. S.26, s. 23.
24 Except when a contrary intention appears by the will, where a testator devises, (a)  his or her real property; (b)  his or her real property in a place mentioned in the will, or in the occupation of a person mentioned in the will; (c)  real property described in a general manner; or (d)  real property described in a manner that would include a leasehold estate if the testator had no freehold estate which could be described in the manner used, the devise includes the leasehold estates of the testator or any of them to which the description extends, as well as freehold estates.  R.S.O. 1990, c. S.26, s. 24. Disposition of property over which testator has power to appoint
25 (1) Except when a contrary intention appears by the will, a general devise of, (a)  the real property of the testator; (b)  the real property of the testator, (i)  in a place mentioned in the will, or (ii)  in the occupation of a person mentioned in the will; or (c)  real property described in a general manner, includes any real property, or any real property to which the description extends, which he or she has power to appoint in any manner he or she thinks proper and operates as an execution of the power. Personal property (2) Except when a contrary intention appears by the will, a bequest of, (a)  the personal property of the testator; or (b)  personal property described in a general manner, includes any personal property, or any personal property to which the description extends, which he or she has power to appoint in any manner he or she thinks proper and operates as an execution of the power.  R.S.O. 1990, c. S.26, s. 25.
26 Except when a contrary intention appears by the will, where real property is devised to a person without words of limitation, the devise passes the fee simple or the whole of any other estate or interest that the testator had power to dispose of by will in the real property.  R.S.O. 1990, c. S.26, s. 26.
27 Except when a contrary intention appears by the will, where property is devised or bequeathed to the “heir” or “heirs” of the testator or of another person, the words “heir” or “heirs” mean the person to whom the beneficial interest in the property would have gone under the law of Ontario if the testator or the other person died intestate.  R.S.O. 1990, c. S.26, s. 27.
28 (1) Subject to subsection (2), in a devise or bequest of property, (a)  the words, (i)  “die without issue”, (ii)  “die without leaving issue”, or (iii)  “have no issue”; or (b)  other words importing either a want or failure of issue of a person in his or her lifetime or at the time of his or her death or an indefinite failure of his or her issue, mean a want or failure of issue in the lifetime or at the time of death of that person, and do not mean an indefinite failure of his or her issue unless a contrary intention appears by the will. Cases to which Part not to extend (2) This Part does not extend to cases where the words defined in subsection (1) import, (a)  if no issue described in a preceding gift be born; or (b)  if there be no issue who live to attain the age or otherwise answer the description required for obtaining a vested estate by a preceding gift to that issue.  R.S.O. 1990, c. S.26, s. 28.
29 Except when there is devised to a trustee expressly or by implication an estate for a definite term of years absolute or determinable or an estate of freehold, a devise of real property to a trustee or executor passes the fee simple or the whole of any other estate or interest that the testator had power to dispose of by will in the real property.  R.S.O. 1990, c. S.26, s. 29.
30 Where real property is devised to a trustee without express limitation of the estate to be taken by the trustee and the beneficial interest in the real property or in the surplus rents and profits, (a)  is not given to a person for life; or (b)  is given to a person for life but the purpose of the trust may continue beyond his or her life, the devise vests in the trustee the fee simple or the whole of any other legal estate that the testator had power to dispose of by will in the real property and not an estate determinable when the purposes of the trust are satisfied.  R.S.O. 1990, c. S.26, s. 30.
31 Except when a contrary intention appears by the will, where a devise or bequest is made to a child, grandchild, brother or sister of the testator who dies before the testator, either before or after the testator makes his or her will, and leaves a spouse or issue surviving the testator, the devise or bequest does not lapse but takes effect as if it had been made directly to the persons among whom and in the shares in which the estate of that person would have been divisible, (a)  if that person had died immediately after the death of the testator; (b)  if that person had died intestate; (c)  if that person had died without debts; and (d)  if section 45 had not been passed.  R.S.O. 1990, c. S.26, s. 31.
32 (1) Where a person dies possessed of, or entitled to, or under a general power of appointment by his or her will disposes of, an interest in freehold or leasehold property which, at the time of his or her death, is subject to a mortgage, and the deceased has not, by will, deed or other document, signified a contrary or other intention, (a)  the interest is, as between the different persons claiming through the deceased, primarily liable for the payment or satisfaction of the mortgage debt; and (b)  every part of the interest, according to its value, bears a proportionate part of the mortgage debt on the whole interest. Consequence of general direction to pay debts out of personalty or residue (2) A testator does not signify a contrary or other intention within subsection (1) by, (a)  a general direction for the payment of debts or of all the debts of the testator out of his or her personal estate, his or her residuary real or personal estate or his or her residuary real estate; or (b)  a charge of debts upon that estate, unless he or she further signifies that intention by words expressly or by necessary implication referring to all or some part of the mortgage debt. Saving of mortgagee’s rights (3) Nothing in this section affects a right of a person entitled to the mortgage debt to obtain payment or satisfaction either out of the other assets of the deceased or otherwise. Definitions (4) In this section, “mortgage” includes an equitable mortgage, and any charge whatsoever, whether equitable, statutory or of other nature, including a lien or claim upon freehold or leasehold property for unpaid purchase money, and “mortgage debt” has a meaning similarly extended.  R.S.O. 1990, c. S.26, s. 32.
33 (1) Where a person dies having by will appointed a person executor, the executor is a trustee of any residue not expressly disposed of, for the person or persons, if any, who would be entitled to that residue in the event of intestacy in respect of it, unless it appears by the will that the person so appointed executor was intended to take the residue beneficially. Where no person entitled to residue (2) Nothing in this section prejudices any right in respect of any residue not expressly disposed of to which, if this Part had not been passed, an executor would have been entitled where there is not any person who would be entitled to the testator’s estate under Part II in case of an intestacy.  R.S.O. 1990, c. S.26, s. 33. Conflict of Laws
34 In sections 36 to 41, (a)  an interest in land includes a leasehold estate as well as a freehold estate in land, and any other estate or interest in land whether the estate or interest is real property or is personal property; (b)  an interest in movables includes an interest in a tangible or intangible thing other than land, and includes personal property other than an estate or interest in land; (c)  “internal law” in relation to any place excludes the choice of law rules of that place.  R.S.O. 1990, c. S.26, s. 34.
35 Sections 36 to 41 apply to a will made either in or out of Ontario.  R.S.O. 1990, c. S.26, s. 35. Application of law, land and movables
36 (1) The manner and formalities of making a will, and its essential validity and effect, so far as it relates to an interest in land, are governed by the internal law of the place where the land is situated. re interests in movables (2) Subject to other provisions of this Part, the manner and formalities of making a will, and its essential validity and effect, so far as it relates to an interest in movables, are governed by the internal law of the place where the testator was domiciled at the time of his or her death.  R.S.O. 1990, c. S.26, s. 36.
37 (1) As regards the manner and formalities of making a will of an interest in movables or in land, a will is valid and admissible to probate if at the time of its making it complied with the internal law of the place where, (a)  the will was made; (b)  the testator was then domiciled; (c)  the testator then had his or her habitual residence; or (d)  the testator then was a national if there was in that place one body of law governing the wills of nationals. Idem (2) As regards the manner and formalities of making a will of an interest in movables or in land, the following are properly made, (a)  a will made on board a vessel or aircraft of any description, if the making of the will conformed to the internal law in force in the place with which, having regard to its registration, if any, and other relevant circumstances, the vessel or aircraft may be taken to have been most closely connected; (b)  a will so far as it revokes a will which under sections 34 to 42 would be treated as properly made or revokes a provision which under those sections would be treated as comprised in a properly made will, if the making of the later will conformed to any law by reference to which the revoked will or provision would be treated as properly made; and (c)  a will so far as it exercises a power of appointment, if the making of the will conforms to the law governing the essential validity of the power.  R.S.O. 1990, c. S.26, s. 37.
38 A change of domicile of the testator occurring after a will is made does not render it invalid as regards the manner and formalities of its making or alter its construction.  R.S.O. 1990, c. S.26, s. 38.
39 Nothing in sections 34 to 42 precludes resort to the law of the place where the testator was domiciled at the time of making a will in aid of its construction as regards an interest in land or an interest in movables.  R.S.O. 1990, c. S.26, s. 39.
40 Where the value of a thing that is movable consists mainly or entirely in its use in connection with a particular parcel of land by the owner or occupier of the land, succession to an interest in the thing under a will is governed by the law that governs succession to the interest in the land.  R.S.O. 1990, c. S.26, s. 40. Application of law, general
41 (1) Where, whether under sections 34 to 42 or not, a law in force outside Ontario is to be applied in relation to a will, any requirement of that law that, (a)  special formalities are to be observed by testators answering a particular description; or (b)  witnesses to the making of a will are to possess certain qualifications, shall be treated, despite any rule of that law to the contrary, as a formal requirement only. Effect of alteration of law (2) In determining for the purposes of sections 34 to 40 whether or not the making of a will conforms to a particular law, regard shall be had to the formal requirements of that law at the time the will was made, but account shall be taken of an alteration of law affecting wills made at that time if the alteration enables the will to be treated as properly made.  R.S.O. 1990, c. S.26, s. 41. International Wills
43 This Part applies to wills made before, on or after the 31st day of March, 1978 where the testator has not died before that date.  R.S.O. 1990, c. S.26, s. 43. PART II   INTESTATE SUCCESSION
43.1 (1) Any provision in this Part that provides for the entitlement of a person’s spouse to any of the person’s property does not apply with respect to the spouse if the spouses are separated at the time of the person’s death, as determined under subsection (2). 2021, c. 4, Sched. 9, s. 6. Same (2) A spouse is considered to be separated from the deceased person at the time of the person’s death for the purposes of subsection (1), if, (a)  before the person’s death, (i)  they lived separate and apart as a result of the breakdown of their marriage for a period of three years, if the period immediately preceded the death, (ii)  they entered into an agreement that is a valid separation agreement under Part IV of the Family Law Act, (iii)  a court made an order with respect to their rights and obligations in the settlement of their affairs arising from the breakdown of their marriage, or (iv)  a family arbitration award was made under the
Arbitration Act, 1991 with respect to their rights and obligations in the settlement of their affairs arising from the breakdown of their marriage; and (b)  at the time of the person’s death, they were living separate and apart as a result of the breakdown of their marriage. 2021, c. 4, Sched. 9, s. 6. Transition (3) This section applies in respect of a separation only if an event referred to in clause (2) (a) occurs on or after the day section 6 of Schedule 9 to the Accelerating Access to Justice Act, 2021 came into force, except that in the case of subclause (2) (a) (i), the spouses must also have begun to live separate and apart on or after that day. 2021, c. 4, Sched. 9, s. 6. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 9, s. 6 - 01/01/2022
44 Where a person dies intestate in respect of property and is survived by a spouse and not survived by issue, the spouse is entitled to the property absolutely.  R.S.O. 1990, c. S.26, s. 44.
45 (1) Subject to subsection (3), where a person dies intestate in respect of property having a net value of not more than the preferential share and is survived by a spouse and issue, the spouse is entitled to the property absolutely.  1994, c. 27, s. 63 (1). Same (2) Subject to subsection (3), where a person dies intestate in respect of property having a net value of more than the preferential share and is survived by a spouse and issue, the spouse is entitled to the preferential share absolutely.  1994, c. 27, s. 63 (1). Same (3) Despite subsection (1), where a person dies testate as to some property and intestate as to other property and is survived by a spouse and issue, and, (a)  where the spouse is entitled under the will to nothing or to property having a net value of less than the preferential share, the spouse is entitled out of the intestate property to the amount by which the preferential share exceeds the net value of the property, if any, to which the spouse is entitled under the will; (b)  where the spouse is entitled under the will to property having a net value of more than the preferential share, subsections (1) and (2) do not apply.  1994, c. 27, s. 63 (1). Definition (4) In this section, “net value” means the value of the property after payment of the charges thereon and the debts, funeral expenses and expenses of administration.  R.S.O. 1990, c. S.26, s. 45 (4); 2009, c. 34, Sched. T, s. 4. Preferential share (5) The preferential share is the amount prescribed by a regulation made under subsection (6).  1994, c. 27, s. 63 (2). Regulation (6) The Lieutenant Governor in Council may, by regulation, prescribe the amount of the preferential share.  1994, c. 27, s. 63 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 63 (1-3) - 01/04/1995 2009, c. 34, Sched. T, s. 4 - 15/12/2009 2021, c. 4, Sched. 9, s. 8 - 19/04/2021 Residue: spouse and children
46 (1) Where a person dies intestate in respect of property and leaves a spouse and one child, the spouse is entitled to one-half of the residue of the property after payment under section 45, if any. Same: spouse and two or more children (2) Where a person dies intestate in respect of property and leaves a spouse and more than one child, the spouse is entitled to one-third of the residue of the property after payment under section 45, if any. Same: issue of predeceased children (3) Where a child has died leaving issue living at the date of the intestate’s death, the spouse’s share shall be the same as if the child had been living at that date.  R.S.O. 1990, c. S.26, s. 46. Distribution of kin
48 The common law right of a widower to curtesy is abolished.  R.S.O. 1990, c. S.26, s. 48.
49 This Part applies to an intestacy upon a death occurring on or after the 31st day of March, 1978.  R.S.O. 1990, c. S.26, s. 49. PART III   DESIGNATION OF BENEFICIARIES OF INTEREST IN FUNDS OR PLANS
50 In this Part, “participant” means a person who is entitled to designate another person to receive a benefit payable under a plan on the participant’s death; (“participant”) “plan” means, (a)  a pension, retirement, welfare or profit-sharing fund, trust, scheme, contract or arrangement or a fund, trust, scheme, contract or arrangement for other benefits for employees, former employees, directors, former directors, agents or former agents of an employer or their dependants or beneficiaries, (b)  a fund, trust, scheme, contract or arrangement for the payment of a periodic sum for life or for a fixed or variable term, or (c)  a fund, trust, scheme, contract or arrangement of a class that is prescribed for the purposes of this Part by a regulation made under section 53.1, and includes a retirement savings plan, a retirement income fund and a home ownership savings plan as defined in the Income Tax Act
(Canada) and an Ontario home ownership savings plan under the Ontario Home Ownership Savings Plan Act. (“régime”)  R.S.O. 1990, c. S.26, s. 50; 1994, c. 27, s. 63 (4). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 63 (4) - 09/12/1994
51 (1) A participant may designate a person to receive a benefit payable under a plan on the participant’s death, (a)  by an instrument signed by him or her or signed on his or her behalf by another person in his or her presence and by his or her direction; or (b)  by will, and may revoke the designation by either of those methods. Same (1.1) A designation under clause (1) (a) may be provided electronically in accordance with the Electronic Commerce Act, 2000. 2020, c. 7, Sched. 15, s. 1. Idem (2) A designation in a will is effective only if it relates expressly to a plan, either generally or specifically.  R.S.O. 1990, c. S.26, s. 51. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 15, s. 1 - 12/05/2020 Revocation and validity of designation
52 (1) A revocation in a will is effective to revoke a designation made by instrument only if the revocation relates expressly to the designation, either generally or specifically. Idem (2) Despite section 15, a later designation revokes an earlier designation, to the extent of any inconsistency. Idem (3) Revocation of a will revokes a designation in the will. Where will invalid (4) A designation or revocation contained in an instrument purporting to be a will is not invalid by reason only of the fact that the instrument is invalid as a will. Idem (5) A designation in an instrument that purports to be but is not a valid will is revoked by an event that would have the effect of revoking the instrument if it had been a valid will. Earlier designations not revived (6) Revocation of a designation does not revive an earlier designation. Effective date (7) Despite section 22, a designation or revocation in a will is effective from the time when the will is signed.  R.S.O. 1990, c. S.26, s. 52.
53 Where a participant in a plan has designated a person to receive a benefit under the plan on the death of the participant, (a)  the person administering the plan is discharged on paying the benefit to the person designated under the latest designation made in accordance with the terms of the plan, in the absence of actual notice of a subsequent designation or revocation made under section 51 but not in accordance with the terms of the plan; and (b)  the person designated may enforce payment of the benefit payable to him under the plan but the person administering the plan may set up any defence that he could have set up against the participant or his or her personal representative.  R.S.O. 1990, c. S.26, s. 53.
53.1 The Lieutenant Governor in Council may make regulations prescribing classes of funds, trusts, schemes, contracts or arrangements for the purposes of this Part.  1994, c. 27, s. 63 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 63 (5) - 09/12/1994
54 (1) Where this Part is inconsistent with a plan, this Part applies, unless the inconsistency relates to a designation made or proposed to be made after the making of a benefit payment where the benefit payment would have been different if the designation had been made before the benefit payment, in which case the plan applies. Exception (2) This Part does not apply to a contract or to a designation of a beneficiary to which the Insurance Act applies.  R.S.O. 1990, c. S.26, s. 54.
54.1 (1) This Part applies to the designation of a beneficiary of a retirement income fund, whether the designation was made before or after the effective date, and even if the participant who made the designation died before the effective date. Exception (2) Despite subsection (1), this Part as it read immediately before the effective date continues to apply in a particular case if applying the Part as it read after the effective date would, (a)  change the result in a proceeding in which a judgment or final order was made before the effective date, even if the judgment or order is subject to appeal; or (b)  make a person liable to repay or account for retirement income fund proceeds received or paid by the person before the effective date. Definition (3) In this section, “effective date” means the date on which the Statute Law Amendment Act (Government Management and Services), 1994 received Royal Assent.  1994, c. 27, s. 63 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 63 (5) - 09/12/1994 PART IV   SURVIVORSHIP Survivorship
55 (1) Where two or more persons die at the same time or in circumstances rendering it uncertain which of them survived the other or others, the property of each person, or any property of which he or she is competent to dispose, shall be disposed of as if he or she had survived the other or others. Simultaneous death of joint tenants (2) Unless a contrary intention appears, where two or more persons hold legal or equitable title to property as joint tenants, or with respect to a joint account, with each other, and all of them die at the same time or in circumstances rendering it uncertain which of them survived the other or others, each person shall be deemed, for the purposes of subsection (1), to have held as tenant in common with the other or with each of the others in that property. Provision in will for substitute representative (3) Where a will contains a provision for a substitute personal representative operative if an executor designated in the will, (a)  dies before the testator; (b)  dies at the same time as the testator; or (c)  dies in circumstances rendering it uncertain which of them survived the other, and the designated executor dies at the same time as the testator or in circumstances rendering it uncertain which of them survived the other, then, for the purpose of probate, the case for which the will provides shall be deemed to have occurred. Proceeds of insurance (4) The proceeds of a policy of insurance shall be paid in accordance with sections 215 and 319 of the Insurance Act and thereafter this Part applies to their disposition.  R.S.O. 1990, c. S.26, s. 55.
56 This Part applies in respect of deaths occurring on or after the 31st day of March, 1978.  R.S.O. 1990, c. S.26, s. 56. PART V   SUPPORT OF DEPENDANTS