Can I leave my spouse out of my will in Ontario?

Not easily. Ontario's Family Law Act gives a surviving married spouse strong protections against disinheritance, regardless of what the will says. When a testator dies, the surviving spouse has the right to elect: they can accept what the will provides, or they can opt for equalization of net family property instead — the same right they would have on separation during the testator's lifetime.

If a spouse elects equalization, they receive half the difference between the spouses' net family properties, calculated at the date of death. In many cases, this can result in the surviving spouse receiving more than the will provides. This election must generally be made within six months of the date of death.

The equalization right applies to legally married spouses — not common-law partners. If you have a valid marriage contract (prenuptial agreement) that waives the equalization right, that may alter the outcome, but such contracts must be reviewed carefully.

If you wish to leave your spouse less than they might receive on equalization, you should discuss the situation with a lawyer before finalizing the will. There may be legitimate planning strategies, but attempting to disinherit a spouse outright is unlikely to succeed in Ontario and may expose the estate to litigation.