When a marriage comes to an end, we focus on the division of property in a divorce (equalization). But have you considered a deeper legal question: if my spouse unfortunately passes away, will my premarital property be inherited by them?
In Toronto, the answer to this question is far more complex than a “yes” or “no.” It involves the intersection of family law and testamentary inheritance law, and if you are not careful, your premarital or even family wealth may fall into the hands of someone you do not want.
JZW Law Firm is not only your divorce legal expert, but also a “double firewall” for your family wealth, providing you with dual protection for your assets during your lifetime and for the inheritance of your estate after your death.

Core legal mechanism: The "right to choose" between divorce and inheritance.

  • In Ontario, when one spouse dies, the surviving spouse has a unique “option” that directly affects the ownership of your premarital property:

    1. Default Assignment (SLRA) in Testamentary Succession

    • Mechanism: If you have a valid will, your property will be distributed according to the will. If there is no will (intestate succession), Ontario’s Succession Law Reform Act (SLRA) will come into effect.
    • Consequences: The SLRA will award a preferential share to the surviving spouse (currently $350,000 CAD), with the remaining estate then distributed proportionally among the spouse and children.
    • Risk: If you do not have a will, your premarital property (including all assets in your name) will become part of your estate and will be distributed to your spouse and children according to the default rules of the SLRA.

    2. Family Law “Equalization” Claims (FLA)

    • Mechanism: The surviving married spouse can choose to waive their inheritance rights and instead file a “net family property equalization” claim against the deceased’s estate under the Family Law Act (FLA).
    • Consequence: The surviving spouse is entitled to half of the net increase in family wealth accumulated by the deceased during the marriage (from the date of marriage to the date of death).
    • Risk: The special provisions for “Matrimonial Home” still apply at this time. If your premarital property was your marital home, its entire value (not just the increased value) will be included in the deceased’s net family estate, thus significantly increasing the equalization payment received by the surviving spouse.

    In summary: Your premarital property can be divided by your spouse through inheritance rights or equalization claims after your death. You must use legal tools to define and protect your assets in advance.

JZW Law's Double Firewall Strategy: Protecting Your Premarital Wealth

Protecting premarital property requires establishing defenses on both the dimensions of family law and inheritance law.
Firewall Type
JZW Law Solutions
Legal Purpose
Prenatal Firewall (Family Law)
Professional prenuptial/postnuptial agreements
Clearly exclude
Your spouse has the right to make an equalization claim on your premarital property (especially your marital home) in the event of divorce or death, ensuring that assets are passed on according to your wishes.
Firewall after death (inheritance law)
Customized Will
clear instructions
The distribution of estates, particularly concerning premarital property and inherited wealth, should avoid the default distribution rules of the SLRA (Single-Level Revenue Agreement). A trust can be established in the will to protect assets from being divided by the spouse of a second-generation heir.
Asset Segregation and Tracking
Establishing separate accounts and trusts
Ensure that your premarital savings, inherited or gifted assets remain intact.
Independent management, and not “commingled” with common assets, thereby maintaining its legal status as “exempt property” and reducing the base for calculating equalization claims.
JZW Law Value:
We not only help you draft documents, but also examine the validity of each agreement and will from a litigation perspective. We ensure that your legal documents can withstand rigorous court scrutiny, truly fulfilling your desire to protect your wealth and ensure its transmission across generations.
Your premarital property is the fruit of your personal efforts and the foundation of your family’s wealth for generations. Don’t let unexpected changes expose it to legal risks.
Contact JZW Law Firm now to customize the most comprehensive “double firewall” wealth protection solution for you.
JZW Law Firm – Protecting your wealth and ensuring a worry-free inheritance.

JZW Law Firm boasts a team of experienced lawyers fluent in both Chinese and English, providing professional legal services. We specialize in handling complex issues related to property division, corporate equity, trusts, and overseas assets. We offer initial consultations; please contact us for more information or to schedule a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you require legal assistance, please consult a professional lawyer.