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    Before you walk down the aisle…

    One thing couples in Ontario getting ready to “tie the knot” may not know is that pursuant to Section 15(a) of Ontario’s Succession Law Reform Act (SLRA) marriage will revoke a previously made Will. There are a few limited exceptions to this rule, but generally speaking, a Will made before marriage is invalid. The effect of a revoked Will is that on the testator’s death his assets will be distributed pursuant to the SLRA’s rules of intestacy.

    Couples soon to be married could take advantage of one of the exceptions set forth in Section 16 of the SLRA which provides that a Will is not revoked when there is a declaration stating that it was made in “contemplation of the marriage.”

    Unless newly married couples made Wills “in contemplation of their marriage” they should take steps to have new Wills prepared.

    For further information on this issue, please feel free to contact Pinelopi Makrodimitris by email at [email protected] or by telephone at (613) 563- 7544.

    The content on this website is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship. If you would like to discuss your specific legal needs with us, please contact our office at 613-563-7544 and one of our lawyers will be happy to assist you.

    Posted By: Timothy J. Grieve of Merovitz Potechin LLP

    Partner

    When it comes to sophisticated estate and succession planning, Tim Grieve is noted for his attention to detail, his ability to analyze complex situations, and his knack for explaining legal scenarios to his clients in everyday language. Tim thoroughly understands the needs of high net worth clients, entrepreneurs and professionals. His practice includes wills, trusts and estates, business and corporate law, franchising, commercial real estate and not-for-profit corporations.

    Tim is one of the founding members of the Society of Trust and Estate Practitioners Ottawa branch and is the chair of the Society of Trust and Estate Practitioners (Canada).

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