The Family Law Act in Ontario governs many aspects of family relationships, including marriage, separation, divorce, child custody, access, and support. It also outlines how property is divided when a marriage ends.
For those of you in Ontario, Willful wills include a Family Law Act clause designed to help keep your beneficiaries’ inheritance solely theirs. This helps ensure their gift remains separate and protected—avoiding any unintended mixing with a spouse’s or joint family property.
What does the Family Law Act clause do?
This clause clarifies that any gift in your will is intended only for the named beneficiary, and not for their spouse - even if they receive it while married.
This helps:
Keep the inheritance separate from marital property
Reduce the risk of the gift being divided in the event of a divorce or separation
Support the intent of Section 4(2) of Ontario’s Family Law Act, which excludes inheritances from equalization
What this means for your beneficiaries
While this clause offers protection, it’s not a guarantee. Beneficiaries should also:
Keep inherited assets in separate accounts
Avoid co-mingling the gift with marital or joint assets
Together, these steps make it more likely that the inheritance remains outside the marital property division.