In Ontario while a person may provide in a Will as to who would be the beneficiaries of his or her estate, there are limits on that right. A person has an obligation to ensure that there are adequate provisions for the support of his or her dependents.
When death causes the separation of spouses, the Family Law Act provides certain rights to a surviving spouse. Whether an estate passes pursuant to a will (where there is no will), intestacy or a partial intestacy.
On occasion the intentions of the deceased person as expressed in his or her will are unclear. This may be a result of poor drafting or a change in circumstances following the signing of the will that was not contemplated by, or dealt with, in the will.