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

Usually no. Once the person has died, the will generally decides who benefits, and an estate trustee carries out those wishes. Beneficiaries can lose a gift only in limited situations, and a court may be involved.

One situation is the witness rule. Under 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 only that gift fails and the rest of the will stays valid. The gift is saved if at least two other witnesses are not beneficiaries or their spouses, or if no witnesses were needed, as with a holograph will. It can also be saved if the Superior Court of Justice is satisfied there was no improper or undue influence.

Whether you can remove a beneficiary depends on your situation, so it is worth confirming with a lawyer, although a gift to a person who witnessed the will, or to their spouse, is generally void. A gift to a former spouse is also revoked after divorce unless the will shows a contrary intention. Whether a will can be challenged for other reasons, such as undue influence, depends on the facts, so speak with a lawyer.