What happens to equalization rights if a spouse dies in Ontario?

Under Ontario's Family Law Act, a surviving spouse can choose between receiving their inheritance under the deceased spouse's will (or intestacy rules if there is no will) and claiming an equalization payment. This election must be made within six months of the spouse's death.

This right exists because in some cases — particularly if the deceased left very little to the surviving spouse — the equalization payment would be worth significantly more than the inheritance. By allowing an election, the law protects the surviving spouse from being cut out of the financial gains made during the marriage.

The six-month deadline is strict. If you miss it, you are generally bound by whatever the will provides. Estate matters and family law matters intersect here, so if a spouse has recently died and you are unsure about your options, speaking with a lawyer who handles both family law and estates is important.