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Wills & Estates

How should I plan my will if I have children from a previous relationship in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Blended family estate planning is one of the most common and most complex situations Ontario lawyers handle. The core tension is balancing your obligation to support a surviving spouse or partner with your desire to protect inheritances for your children from a prior relationship.

A common concern is the "double-dipping" problem: if you leave everything to your current spouse and they later remarry or change their own will, your children from a previous relationship may receive nothing. To address this, many people use a combination of strategies — life insurance naming children as beneficiaries, joint partner trusts, or a right-to-occupy provision that lets a spouse live in the family home but passes the home's equity to your children on the spouse's death.

Ontario's Succession Law Reform Act also gives spouses and dependants the right to make a support claim against your estate regardless of what your will says. Dependants can include a former spouse to whom you owe support, or children who need ongoing financial assistance. Ignoring these obligations in your will does not make them go away — they can result in a court-ordered redistribution of the estate.

Getting proper legal advice early — and keeping your will updated when your family situation changes — is essential in blended family situations.

Key takeaways

  • Blended family planning balances spousal support obligations with children's inheritance rights.
  • Strategies include trusts, life insurance, and right-to-occupy clauses.
  • Ontario law gives dependants the right to claim support from your estate regardless of your will.
  • Review your will whenever your family situation changes.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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