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  1. Jan 6, 2022 · On February 26, 2021, major legislative changes to Ontario’s Succession Law Reform Act (SLRA) were introduced in Bill 245, referred to as the Accelerating Access to Justice Act, 2021. Although the Bill received Royal Assent on April 19, 2021, many of the changes did not come into effect right away.

    • What Exactly Is Bill 245?
    • What Are The Changes?
    • How to Protect Your Estate in Ontario with Bill 245
    • The Bottom Line

    Bill 245was first tabled in February 2021. This bill passed a variety of changes to the Succession Law Reform Act in Ontario. Most of the changes will come into effect as of January 1st, 2022.

    Virtual witnessing is now permanent

    During COVID-19, Ontario passed legislation that allowed wills to be witnessed virtually. With Bill 245,virtual witnessingis now a permanent alternative for Ontarians. The option of virtual witnessing makes it significantly easier to have your documents witnessed without needing to gather in person. Virtual witnessing means you and your two witnesses can get on a video call to witness the signing of wills and power of attorney documents. With virtual witnessing, at least one witness must be a...

    Marriage no longer revokes a will

    As of January 1st, 2022, a will made before marriage will continue to be valid. Previously in Ontario, if you made a will prior to being married, it would be revoked (or invalidated) upon marriage. However, it is still a good idea to review or update your willwhen you get married. This way you’re certain it still reflects your current wishes. Willful’s Family plan makes it easy for couples to update their wills together.

    Separation eliminates property rights

    As of January 1, 2022, under the new legislation, your ex-spouse will no longer have property rights - even if you are not legally divorced. Separation will be treated as if you’re divorced. (Currently, unless you have a separation agreement that states otherwise, your ex-spouse can apply for part of your estate under family law) Under this new rule, you are considered separated if you’ve been living apart for 3 years, have a valid separation agreement, or a court-ordered separation agreement...

    As Bill 245 comes into effect in Ontario, you may be wondering how you can continue to protect your estate. Here are some things you should be doing: 1. Create a will. If you don't have a will, now is the time to make one! Tomorrow is never guaranteed and you'll feel better knowing your estate and loved ones are protected in the event of an emergen...

    Bill 245 presents a few changes for individuals in Ontario. The changes that come with Bill 245 allow for permanent virtual witnessing, changes to what it means to be a married couple, property rights for separated individuals, and courts can now save invalid wills. Still have questions about how Bill 245 affects your will and how to protect your l...

  2. Jan 5, 2022 · Significant changes to Ontario’s Succession Law Reform Act (“SLRA”) and the Substitute Decisions Act (“SDA”), among others, came into force on January 1 st, 2022. The Accelerating Access to Justice Act (“ AAJA ”), which gained royal assent on April 19, 2021, updates the SLRA and the SDA to better serve Ontarians in modern times by, among other changes, providing for the following ...

  3. Oct 14, 2021 · In this article we will briefly touch on the changes that have already come into effect and the future changes we can expect. Preferential share (March 1, 2021) Section 45 of the Succession Law Reform Act ("SLRA") provides that in the case of an intestacy, a surviving spouse is entitled to the "preferential share". From April 1, 1995, Ont. Reg ...

  4. Sep 10, 2021 · Ontario recently approved some progressive changes to the laws governing wills, powers of attorney, and intestacy. Bill 245, also known as the Accelerating Access to Justice Act, 2021, was first introduced in February of this year, with most of the updates coming into effect in 2022.

  5. Jan 10, 2022 · Following the enactment of Bill 245, significant changes to the Ontario’s Succession Law Reform Act (SLRA) came into force on January 1. The changes will greatly affect persons separated from their spouse, living in common law relationship, or intending to marry in 2022, according to Margaret Rintoul, partner at Blaney McMurty LLP, in a blog post.

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  7. Aug 25, 2023 · The COVID-19 pandemic was the catalyst for a swath of amendments to estates and trusts practices in Ontario. One such update was the introduction of section 21.1 of Ontario’s Succession Law Reform Act, which came into effect on January 1, 2022, and broadly amended the criteria governing the validity of wills in the province.

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