Can a beneficiary be removed from a will after the person has died in Ontario?

A beneficiary's gift can fail after death in some situations, such as a witness-beneficiary gift or a divorce. How this applies depends on the facts, so it is worth confirming with a lawyer.

Some grounds are set out in the Succession Law Reform Act. If a person who witnessed the will, or that person's spouse, is a beneficiary, the gift to them is void, but the rest of the will stays valid. The gift is saved if at least two other independent witnesses signed, if no witnesses were needed, as with a holograph will, or if the Superior Court of Justice is satisfied that neither the witness nor their spouse used improper or undue influence. After a divorce, a gift to a former spouse is revoked unless the will shows a contrary intention.

Separately, for life insurance rather than gifts under a will, Ontario courts apply a public policy rule that a criminal should not profit from their crime, so a person who kills their spouse cannot obtain the spouse's life insurance proceeds. Exceptions exist, such as a finding of not criminally responsible because of mental disorder. Other challenges to a will depend on the facts, so it is worth speaking to a lawyer promptly.