CanadaCan a spouse be disinherited entirely under Canadian law?
No — in most Canadian provinces, a spouse cannot be entirely disinherited because courts can vary a will to ensure 'adequate, just and equitable' provision under dependant support laws.
What the Law Says
Canadian wills law balances testamentary freedom with legal and moral duties to family. Provincial dependant relief statutes allow courts to change a will if it fails to make adequate provision for a surviving spouse or child.
In British Columbia, the Wills, Estates and Succession Act (WESA) replaced the former Wills Variation Act but retains the core principle from Tataryn: a will must make 'adequate, just and equitable' provision for the testator’s spouse and children.
Other provinces — including Alberta, Saskatchewan, Manitoba, Ontario, and New Brunswick — have similar dependant relief legislation that empowers courts to intervene when a spouse is unfairly excluded.
What Courts Have Said
The Supreme Court of Canada established the foundational test for assessing whether disinheritance of a spouse is legally permissible.
The Court held that courts must balance the testator’s testamentary freedom against their legal and moral obligations. A spouse is owed both a legal duty (e.g., under family law) and a moral duty — and failure to meet either may justify varying the will to ensure 'adequate, just and equitable' provision.
What to Do
Review your will with a lawyer familiar with provincial dependant relief laws before finalizing.
Consider spousal agreements (e.g., marriage contracts or separation agreements) that expressly waive rights to dependant support — if valid and informed.
Document reasons for disinheritance carefully (e.g., estrangement, independent wealth), though courts weigh moral duty heavily.
In BC, file a wills variation claim within 180 days of probate grant — other provinces have different deadlines (e.g., Ontario: 6 months).
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.