What benefit may a spouse be entitled to regarding their interest in a Will?

A spouse may be entitled to an equalization payment if the estate is not fully gifted because, under Ontario law, the Family Law Act provides for the right of a spouse to receive an equalization of net family properties upon separation or death. This means that if one spouse has a greater estate or has received gifts under a Will, the other spouse may claim compensation to ensure that they receive fairness in the division of property.

In situations where the deceased spouse’s Will does not completely address the distribution of assets or if the estate is partially gifted away, the surviving spouse can pursue an equalization payment to balance the inheritance and ensure that they are not left at a disadvantage. This legal framework is designed to protect the financial interests of spouses and recognize their contributions to the marriage and family unit.

The other choices presented do not accurately reflect the legal entitlements of a spouse under Ontario law regarding a Will. For instance, a spouse does not automatically receive a full inheritance regardless of the Will, nor do they have absolute priority over all other beneficiaries. Additionally, the option of receiving a lifetime annuity from the estate is not a standard benefit and would typically depend on specific provisions made in the Will itself.