Yes, disinheriting a child is legally permissible in Canada, but it is strictly constrained by provincial family law and testamentary obligations. Courts prioritize testamentary freedom while balancing equitable principles to prevent unjust enrichment or dependency exploitation. Recent amendments to Ontario’s Succession Law Reform Act (2026) now require explicit justification in wills for disinheriting dependents, aligning with British Columbia’s Will, Estate and Succession Law Reform Act (2024), which mandates proportionality reviews for adult children claims.
Key Regulations for Disinheriting a Child in Canada
- Dependent Support Claims: Under provincial Dependent’s Relief Legislation (e.g., Ontario’s SLRA s. 62), children—especially minors or those with disabilities—may challenge disinheritance if the will fails to provide “adequate provision for their proper support.” Courts assess financial need, relationship history, and parental obligations.
- Adult Children Exceptions: While adult children lack automatic entitlement, disinheritance must not stem from “unconscionable conduct” (e.g., fraud, coercion, or severe estrangement). Alberta’s Inheritance Act (2025) codifies this, requiring evidence of “reasonable moral claims” to contest exclusion.
- Documentation Burdens: Since 2026, Ontario testators must file a Disinheritance Statement with the court upon probate, outlining rationales (e.g., estrangement, prior gifts, or criminal conduct). Failure to comply risks partial or full reinstatement of the child’s share.
Provincial variations persist: Quebec’s Civil Code (art. 682) permits disinheritance only for “serious and justified cause,” while Saskatchewan’s Dependents’ Relief Act (2024) imposes a 6-month limitation period for claims. Legal counsel is advised to navigate these nuances, particularly given evolving judicial interpretations of “adequate provision” post-2026 reforms.