When creating or updating a Will, one topic that often arises is disinheritance—intentionally excluding someone from receiving a portion of your estate. While it can be an emotionally charged subject, disinheritance clauses serve as a critical tool for ensuring your wishes are respected after your passing. This post explains what disinheritance clauses are, how they work, and the potential legal implications in Ontario.

WHAT IS A DISINHERITANCE CLAUSE?

A disinheritance clause explicitly excludes a person or group of people from inheriting any part of your estate. Commonly, these clauses are used to:

· Exclude estranged family members.

· Prevent a former spouse or partner from receiving an inheritance.

· Limit inheritance to specific individuals or causes.

ARE DISINHERITANCE CLAUSES ENFORCEABLE IN ONTARIO?

In Ontario, disinheritance clauses are enforceable but not always absolute. Certain laws and principles can override these clauses, particularly when it comes to dependents.

DEPENDENTS’ RELIEF CLAIMS

Ontario law protects dependents, including minor children, adult children with disabilities, and spouses, who were financially dependent on the deceased. The Succession Law Reform Act (SLRA) allows dependents to challenge a Will if they are not adequately provided for.

PUBLIC POLICY

A disinheritance clause that promotes discrimination or violates public policy could be struck down by the courts.

CHALLENGES AND RISKS

Disinheritance clauses can lead to disputes among beneficiaries, increasing the risk of litigation. Family members who feel slighted may contest the Will, leading to lengthy and costly legal battles.

To minimize these risks:

COMMUNICATE EARLY

If appropriate, explain your decisions to family members in advance.

CONSIDER ALTERNATIVE SOLUTIONS

Trusts or conditional bequests can sometimes achieve the same goal with less risk of conflict.

CONCLUSION

Disinheritance clauses are a powerful tool for controlling the distribution of your estate. However, they must be approached with care, particularly in Ontario, where the law prioritizes dependents and fairness. Consulting with a skilled estate lawyer can help you create a Will that respects your wishes while minimizing legal challenges.

If you’re considering adding a disinheritance clause to your Will or need help navigating Ontario’s estate laws, contact our firm today. Our team at Douglas Law Firm is here to provide guidance tailored to your unique circumstances.