Ontario Barrister and Solicitor Practice Exam

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

A share of the estate as a beneficiary
An equalization payment if not gifted 100% of the estate
A fixed sum as stipulated by law
The entire estate if there are no other beneficiaries

The correct answer is: An equalization payment if not gifted 100% of the estate

A spouse may be entitled to an equalization payment if they are not gifted 100% of the estate in the Will. This means that they have the right to receive a portion of the value of the estate, regardless of what is explicitly stated in the Will. Option A is incorrect as it only mentions receiving a share of the estate as a beneficiary, which may not always be the case. Option C is incorrect as it mentions a fixed sum as stipulated by law, which is not guaranteed and may vary depending on the jurisdiction. Option D is incorrect as it suggests that the spouse would receive the entire estate if there are no other beneficiaries, which is not always the case if there are debts or other expenses that need to be paid.