Ontario Family Law Act: Law and Practice, Revised Edition Appendix F § F:31
Ontario Family Law Act: Law and Practice, Revised Edition
James C. MacDonald, Ann C. Wilton
Appendices
Appendix F. Precedents
I. Part I Domestic Contracts
C. Individual Clause
2. Marriage Contract
§ F:31. Mutual Wills (Alternative Form)
18. MUTUAL WILLS
(1) Contemporaneously with the execution of this Agreement, each party has executed a Will [add “in contemplation of marriage”, if Agreement is entered into before marriage and Will would be otherwise terminated by marriage] in the form attached to this Agreement as Schedule “B”.
(2) During their joint lives neither party will revoke or change his or her Will so long as they
(a)     are cohabiting with each other, or
(b)     having ceased to cohabit with each other, have not been separated for a period of at least 90 days.
(3) If a party
(a)     revokes or changes his or her Will after a separation of 90 days or more, and
(b)     subsequently resumes cohabitation with the other,
the obligation in subsections (1) and (2) will apply during any further period, or further periods of cohabitation.
Notes
NOTE:
The Will made and executed pursuant to this section should contain a provision something like:
This Will is made in consideration of and as part of an Agreement made between me and _____ made the ___ day of _____, 19___, which Agreement provides for the execution of this Will in this form and further provides that it will not be revoked or changed so long as
(a) the parties are cohabiting with each other, or
(b) having ceased to cohabit with each other, they have not been separated for a period of at least 90 days.
10. BENEFITS ON THE HUSBAND’S DEATH
(1) If the husband dies while he and the wife are cohabiting, and if the wife survives him by thirty clear days, the wife will receive after the husband’s death at least:
(a)     his interest, if any, in their matrimonial home occupied as their main family residence;
(b)     his interest, if any, in the household furnishings and effects located at his death in their main family residence;
(c)     benefits (less the value of the husband’s interest, if any, in their matrimonial home) having a value equal to the amount, if any, that would be payable under the section called PAYMENT ON SEPARATION, above, if instead of the husband dying on the date of death, the parties had separated on that date.
(d)     [Describe other benefits using a separate subsection for each benefit.]
(2) The interest in subsection (1) may be received by the wife from
(a)     the husband’s estate;
(b)     survivorship rights in jointly held property; or
(c)     both of these sources.
11. BENEFITS ON THE WIFE’S DEATH
(1) If the wife dies while she and the husband are cohabiting, and if the husband survives her by thirty clear days, the husband will receive after the wife’s death at least:
(a)     her interest, if any, in their matrimonial home occupied as their main family residence;
(b)     her interest, if any, in the household furnishings and effects located at her death in their main family residence;
(c)     benefits (less the value of the wife’s interest, if any, in their matrimonial home) having a value equal to the amount, if any, that would be payable under the section called PAYMENT ON SEPARATION, above, if instead of the wife dying on the date of death, the parties had separated on that date.
(d)     [Describe other benefits using a separate subsection for each benefit.]
(2) The interest in subsection (1) may be received by the husband from
(a)     the wife’s estate;
(b)     survivorship rights in jointly held property; or
(c)     both of these sources.
12. ORDER AGAINST ESTATE
If either the husband or the wife or both fail to so arrange their affairs to make the provision on death described in this contract with the result that on the death of the first of them to die the survivor does not receive the benefits provided under the section called BENEFITS ON THE HUSBAND’S DEATH or the section called BENEFITS ON THE WIFE’S DEATH, above, as the case may be, the survivor will have the right to apply to a court of competent jurisdiction for an order directing the estate of the deceased party to transfer property to the survivor in accordance with the terms of the section called BENEFITS ON THE HUSBAND’S DEATH or the section called BENEFITS ON THE WIFE’S DEATH, above, as the case may be, and any order obtained will be a first charge against the estate of the deceased party and will be binding on the estate of the deceased party.
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