It can be a challenge this year to keep track of all of the upcoming changes to wills and estates legislation, many of which are coming into effect on January 1, 2022. Just yesterday, Suzana Popovic-Montag blogged on yet another update, this one to the Estates Administration Act and new forms relevant to estate administration.

As we approach 2022, we take this opportunity to highlight a few of the other changes coming in January that are highly relevant to a wills and estates practice.

In addition to the holiday season and New Year ordinarily serving as a reminder to review pre-existing estate plans and ensure that our documents and other arrangements remain up-to-date, the end of this year marks a few other important developments – most notably:

• As of January 1, 2022, marriage will no longer automatically revoke (subject to certain exemptions) a previously-executed will, with the repeal of sections 15(a) and 16 of the Succession Law Reform Act. Read more about this development, which it is believed will be a first step in combatting predatory marriages, here: Predatory Marriages and Biases.
• The Succession Law Reform Act is also being amended, effective January 1, 2022, to treat separated spouses more consistently with divorced spouses. While this development better reflects the way that some Ontarians are living (separated without formally divorcing), no changes have been made to enhance the rights of common-law spouses. Read our summary of the changes coming January 1 here: Ontario’s Estate Laws are Changing – Part 2.
• Ontario will no longer be a strict compliance jurisdiction, with the addition of section 21.1, a will validation provision, to the Succession Law Reform Act on January 1, 2022. The Superior Court will be authorized to validate wills made by individuals who die in 2022 or later notwithstanding deficiencies in the document. Read more about strict/substantial compliance and will validation clauses here: Importance of Strict Compliance with Formal Will Execution Requirements, Electronic Signature Still not an Option for Wills in Ontario, Substantial Compliance and the Dalla Lana Decision.
• The Rules of Civil Procedure are being amended to simplify the court forms and process for applications for Certificates of Appointment of Estate Trustees. Copies of the new forms are already available here. Read our blog about the updates to the Rules of Civil Procedure and corresponding probate forms here: Changes to Probate Coming January 1, 2022.
•  As noted above, Suzana’s blog from yesterday reviewed new estate administration forms corresponding to an update under section 9 of the Estates Administration Act are being introduced. Read yesterday’s blog about the new forms here: New Forms for Estate Administrations in Force Starting January 1, 2022.

Thank you for reading and Happy Holidays,

Nick Esterbauer