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    Why do you recommend that I prepare a new Will if mine was made before 1986?
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    The Ontario Family Law Act came into force in 1986. It allows a person making a Will to specifically declare and provide that a gift under the Will is not to be considered part of the 'net family property' of the beneficiary, if that beneficiary undergoes a matrimonial separation or divorce.

    Prior to 1986, family property was treated differently in martial separations, and such a provision in a Will was not required or generally, contemplated.

    Today, unless a Will contains an explicit provision excluding the inherited property from the beneficiary's net family property, his or her spouse could be entitled to a divided share of the inheritance and income from the inheritance.

    Wills completed before 1986 do not typically have such a provision, and should be updated accordingly.

    All current Wills should be reviewed to ensure that this provision is included, if it is your intention to shield the inheritance from the potential for a claim by a spouse under the Family Law of the Province.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

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