Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Estate Litigation

Equalization Of Property After Death

The concept of equalization of property after death addresses the rights to an equal distribution of net family property where the surviving spouse considers that the provision in the Will is inadequate or where there is no Will and an intestacy occurs.  Subject to the provisions in a domestic contract, in Ontario, the Family Law Act (the FLA) provides for an election to this effect by the surviving spouse.  It is important that the surviving spouse obtains professional advice in such circumstances because subject to exceptions which a Court may consider, the FLA requires that an election be made within six months after death.

Whether or not to make the election that is available under the FLA can be a difficult decision for a surviving spouse to make.  Often, the circumstances will not be well defined and the decision will not be clear cut.  There may also be a tendency at a time of loss to shy away from the considerations the decision presents until it is too late.  Surviving spouses or those who are working with them in the early days of the administration of the estate, or in the absence of a Will must act quickly.

An election under the Family Law Act has priority over gifts made under a Will, the right to share in an estate where there is an intestacy and claims for dependant support except where the dependant claimant is a child.

Our lawyers understand these challenges and the sensitivity required.  We can help. If an out of court solution is available, we have the experience to find it.  If litigation is required, we have the team to provide efficient and cost conscious representation.

Connect with our Team

Offices in Ottawa and Perth     (613) 722-1500

Related Service Areas

Dependant Support Claims
Disagreements About A Will
Disagreements Over Capacity
Disagreements Over Estate Administration With A Will
Disagreements Over Estate Administration With No Will
Disagreements Over Power Of Attorney
Disagreements Where There Is No Will
Guardianship Applications And Disagreements
Passing Of Accounts
Private Mediations And Arbitrations
Variation Of Trusts

More Resources

Blog |
Family Law
By: 
Amongst the profession, we often refer to domestic contracts prepared by the parties themselves without legal advice as “kitchen table agreements”. In May 2023, the[...]
Newsletters |
Employment, Labour, and Human Rights
By: 

Posted November 17, 2023

Newsletters |
By: 

Posted November 16, 2023

Blog |
Wills, Trusts and Estates
By: 

Posted November 7, 2023

What is a Power of Attorney document? A Power of Attorney is a legal document that authorizes someone else, known as your “attorney” to act[...]
Blog |
Real Estate
By: 

Posted November 6, 2023

If you enter into an Agreement of Purchase and Sale to buy a new build home, your offer could be conditional on having your lawyer[...]
Blog |
Wills, Trusts and Estates
By: 
Do I need a Will? A short answer is most likely. If you possess assets of value, such as chequing or savings accounts, investments, a[...]

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.