Adapting Your Estate Plan: Navigating Ontario’s 2025 Probate Reforms
Estate planning is not a one-and-done task—it’s a living process that must evolve alongside your life, your relationships, and the law. In 2025, Ontario introduced a series of probate law reforms that significantly reshape how wills and estate documents are created, interpreted, and enforced. These changes are more than legal housekeeping—they’re a signal to revisit and, if necessary, revise your estate planning documents.
Here’s what you need to know—and why it matters beyond Ontario’s borders.
Key Changes in Ontario’s Probate Legislation
Virtual Witnessing of Wills and Powers of Attorney Made Permanent
What began as a temporary pandemic response has now been cemented into law. Wills and Powers of Attorney (POAs) can be signed and witnessed virtually in Ontario, provided certain safeguards are met:
- The signing must happen in real time via audiovisual technology.
- At least one of the witnesses must be a licensed Ontario lawyer or paralegal.
- Counterpart copies can be used and compiled as one complete document.
Why it matters: This update improves access for individuals in remote areas, those with mobility challenges, or anyone for whom in-person meetings are difficult. While other provinces, such as British Columbia and Alberta, allowed similar temporary measures during the pandemic, Ontario is among the first to formalize this option. Expect other jurisdictions to watch closely or follow suit.
Marriage No Longer Revokes a Will
Historically, Ontario followed a common-law principle: marriage automatically revoked any existing will unless the will was made in contemplation of that marriage. This rule often resulted in people unintentionally dying intestate, particularly in cases of second marriages or blended families.
As of 2025, this is no longer the case. Wills now remain valid after marriage unless the individual actively revokes or updates them.
Why it matters: This brings Ontario in line with several other provinces (including Alberta and British Columbia), where marriage does not void an existing will. It reduces the risk of accidental intestacy, but it also reinforces the importance of proactive planning. If you’ve recently married or remarried, your estate plan should be reviewed—not because the law demands it, but because your intentions might have changed.
New Rules for Separated Spouses
Previously, spouses who were separated but not legally divorced often retained inheritance rights under Ontario’s Succession Law Reform Act. This led to unintended outcomes and, in some cases, significant family disputes.
Now, if spouses have been separated for at least three years, or have a formal separation agreement or court order, they are treated similarly to divorced spouses. Their automatic entitlements under a will or intestacy are revoked.
Why it matters: This shift better reflects modern family structures and provides greater clarity around spousal entitlements. Provinces such as British Columbia and Saskatchewan have also made strides in redefining estate rights for separated spouses, signalling a national trend toward clearer boundaries in estate law.
Court Authority to Validate ‘Imperfect’ Wills
Ontario courts now have the discretion to validate wills that don’t meet strict formalities, as long as there is sufficient evidence that the deceased intended the document to serve as their will. This includes documents with missing witness signatures, unsigned drafts, or even digital notes in some cases.
This is commonly referred to as the “substantial compliance” rule and aligns Ontario with provinces like British Columbia and Alberta, where similar provisions have been in place for several years.
Why it matters: This provides a safety net when technical missteps occur—but it’s not an excuse for sloppy drafting. A will that’s been professionally prepared, properly signed, and safely stored is still the gold standard. This reform simply gives the court more flexibility when the intent is clear but the form is flawed.
Implications for Ontarians—and Beyond
These probate reforms offer more than technical updates. They represent a modern, flexible, and more realistic approach to estate planning. But they also come with new expectations. With increased flexibility comes greater responsibility to ensure documents are up-to-date, clearly written, and properly executed.
Even if you don’t live in Ontario, these changes are part of a broader shift happening across Canada. Other provinces are actively exploring or adopting similar updates, particularly around:
- Digital and remote execution of documents
- Recognition of digital wills
- Fair treatment of separated and blended families
- Court discretion in recognizing testamentary intent
If you’re living in a different province, it’s still worth reviewing your plan to ensure that your documents reflect your current wishes—and meet your local requirements.
A Legacy Worth Protecting
Estate planning isn’t about paperwork—it’s about protecting your people, preserving your values, and avoiding unnecessary conflict down the road. Legal probate reforms like those introduced in Ontario in 2025 are reminders that life changes, laws evolve, and your estate plan must keep up.
At NEXsteps, we support individuals and families through all stages of the estate process—from planning and preparing to administering and settling. As a Certified Executor Advisor, I work alongside legal and financial professionals to help ensure your estate strategy is complete, current, and legally sound.
Whether you’re updating a will, responding to a life event, or just want to be sure you’re not leaving a mess behind, let’s talk. Your legacy is worth protecting.
Visit our online store for programs and guides or contact us for a personalized solution.
Watch our video here, or watch on our YouTube Channel:
Prefer a podcast? Listen here!
Please send us your questions or share your comments.