When a parent dies intestate in Ontario, the inheritance rights of their child who have been adopted are governed primarily by the Succession Law Reform Act (the “SLRA”)[1] and the Child, Youth, and Family Services Act (the “CYFSA”). [2] The current statutory framework treats adopted children as if they were born to their adoptive parents, severing the legal relationship between the adopted child and their biological parents. This does not apply to situations involving step-parent adoptions where the spouse of the adopting parent remains a parent to the child.[3]
Under section 217 of the CYFSA, once an adoption order is made, the adopted child ceases to be the child of their biological parents and becomes the child of the adoptive parents for all purposes, including inheritance.[4] This means that the adopted child loses the right to inherit from their biological parents on intestacy, and the biological parents lose the right to inherit from the child, unless a will states otherwise. The relationship to all persons, including kindred, is determined in accordance with this principle.[5]
Section 47 of the SLRA provides that, on intestacy, the estate of the deceased is distributed among their “issue” which includes adopted children, provided they have not been adopted out of the family of the deceased.[6]
The court in Trombley Estate v. Rachow confirmed that a natural child who has been adopted by another family before the death of the intestate parent is not entitled to inherit from their biological parent on intestacy, as all legal relationships are severed by adoption.[7] The adopted child can only inherit from their adoptive parents and not from their former biological parents.
In the recent decision of Estate of Sydney Monteith v. Monteith et al,[8] the Superior Court of Justice addressed whether Sandra, a former foster child of George and Doris, was entitled to share in the estate of Sydney, their deceased adopted son, who died intestate. Sandra claimed to be a “sister” to Sydney and was therefore entitled to a share in his estate.[9]
Sydney passed away without a will, leaving no spouse or children, and his estate was to be distributed according to the SLRA. The SLRA stipulated that in the absence of a spouse, issue, or parents, the estate would be distributed equally among the surviving siblings.[10]
Sandra, who was never legally adopted by George and Doris, claimed entitlement to the Sydney’s estate, arguing that George treated her as his daughter. However, the court found that Sandra did not meet the legal definition of a “child” under the Children’s Law Reform Act or the CYFSA, as she was not adopted. The court emphasized that the statutory definition of a “child” does not extend to foster children for the purposes of intestate succession under the SLRA.[11]
The court concluded that Sandra was not legally recognized as Sydney’s sister and therefore had no right to share in his estate. The court ordered the division of Sydney’s estate amongst his legally recognized siblings.
The editor of Widdifield on Executors and Trustees, 6th Edition, provided the following valuable commentary on the decision in Estate of Sydney Monteith v. Monteith et al:
If found that even if the father had demonstrated the strongest possible intention to treat her as his own child, the harsh, but inescapable, reality was that she did not qualify because she was a foster child who has never been adopted. This was a matter of statute, the plain language of which it found to be very clear, and which was binding and determinative. The court noted that it was not disposed to ignore the statutory provisions in the guise of “doing justice”.
This commentary highlights the importance of adoption when a non-biological parent intends to treat the child as their “own”.
Concluding Remarks
In Ontario, the rights of adopted children under intestacy are governed by a clear statutory framework that ensures adopted children are treated as the natural children of their adoptive parents for all purposes, including inheritance.
The SLRA explicitly provides that adopted children inherit from their adoptive parents just like biological children, and they do not inherit from biological parents once adopted out.
Furthermore, recent case law confirms that foster children, or those not legally adopted, do not qualify as “children” for the purposes of intestate succession, regardless of the familial relationship or intentions of the deceased. The courts have consistently applied the statute’s plain language, underlining that the law takes precedence over personal intentions or equitable considerations in these matters.
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[1] Succession Law Reform Act R.S.O. 1990, Chapter S.26 (the “Succession Law Reform Act”)
[2] Child, Youth and Family Services Act, 2017 S.o. 2017, chapter 14 Schedule 1
[3] § 5:68. Adopted Persons Widdifield on Executors and Trustees, 6th Edition
[4] Child, Youth and Family Services Act, 2017 S.o. 2017, chapter 14 Schedule 1 at section 217
[5] § 26:72. Adoption Anger & Honsberger Law of Real Property, 3rd Edition
[6] The Succession Law Reform Act at section 47.
[7] Trombley Estate v. Rachow (H.C.J.), 1988 CanLII 4536 (ON SC) at para
[8] Estate of Sydney Monteith v. Monteith et al, 2024 ONSC 800 (CanLII)
[9] Ibid at para 6
[10] Ibid at para 5
[11] Ibid at para 20
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Written by: Gabriella Banhara
Posted on: April 1, 2026
Categories: Commentary
When a parent dies intestate in Ontario, the inheritance rights of their child who have been adopted are governed primarily by the Succession Law Reform Act (the “SLRA”)[1] and the Child, Youth, and Family Services Act (the “CYFSA”). [2] The current statutory framework treats adopted children as if they were born to their adoptive parents, severing the legal relationship between the adopted child and their biological parents. This does not apply to situations involving step-parent adoptions where the spouse of the adopting parent remains a parent to the child.[3]
Under section 217 of the CYFSA, once an adoption order is made, the adopted child ceases to be the child of their biological parents and becomes the child of the adoptive parents for all purposes, including inheritance.[4] This means that the adopted child loses the right to inherit from their biological parents on intestacy, and the biological parents lose the right to inherit from the child, unless a will states otherwise. The relationship to all persons, including kindred, is determined in accordance with this principle.[5]
Section 47 of the SLRA provides that, on intestacy, the estate of the deceased is distributed among their “issue” which includes adopted children, provided they have not been adopted out of the family of the deceased.[6]
The court in Trombley Estate v. Rachow confirmed that a natural child who has been adopted by another family before the death of the intestate parent is not entitled to inherit from their biological parent on intestacy, as all legal relationships are severed by adoption.[7] The adopted child can only inherit from their adoptive parents and not from their former biological parents.
In the recent decision of Estate of Sydney Monteith v. Monteith et al,[8] the Superior Court of Justice addressed whether Sandra, a former foster child of George and Doris, was entitled to share in the estate of Sydney, their deceased adopted son, who died intestate. Sandra claimed to be a “sister” to Sydney and was therefore entitled to a share in his estate.[9]
Sydney passed away without a will, leaving no spouse or children, and his estate was to be distributed according to the SLRA. The SLRA stipulated that in the absence of a spouse, issue, or parents, the estate would be distributed equally among the surviving siblings.[10]
Sandra, who was never legally adopted by George and Doris, claimed entitlement to the Sydney’s estate, arguing that George treated her as his daughter. However, the court found that Sandra did not meet the legal definition of a “child” under the Children’s Law Reform Act or the CYFSA, as she was not adopted. The court emphasized that the statutory definition of a “child” does not extend to foster children for the purposes of intestate succession under the SLRA.[11]
The court concluded that Sandra was not legally recognized as Sydney’s sister and therefore had no right to share in his estate. The court ordered the division of Sydney’s estate amongst his legally recognized siblings.
The editor of Widdifield on Executors and Trustees, 6th Edition, provided the following valuable commentary on the decision in Estate of Sydney Monteith v. Monteith et al:
If found that even if the father had demonstrated the strongest possible intention to treat her as his own child, the harsh, but inescapable, reality was that she did not qualify because she was a foster child who has never been adopted. This was a matter of statute, the plain language of which it found to be very clear, and which was binding and determinative. The court noted that it was not disposed to ignore the statutory provisions in the guise of “doing justice”.
This commentary highlights the importance of adoption when a non-biological parent intends to treat the child as their “own”.
Concluding Remarks
In Ontario, the rights of adopted children under intestacy are governed by a clear statutory framework that ensures adopted children are treated as the natural children of their adoptive parents for all purposes, including inheritance.
The SLRA explicitly provides that adopted children inherit from their adoptive parents just like biological children, and they do not inherit from biological parents once adopted out.
Furthermore, recent case law confirms that foster children, or those not legally adopted, do not qualify as “children” for the purposes of intestate succession, regardless of the familial relationship or intentions of the deceased. The courts have consistently applied the statute’s plain language, underlining that the law takes precedence over personal intentions or equitable considerations in these matters.
—
[1] Succession Law Reform Act R.S.O. 1990, Chapter S.26 (the “Succession Law Reform Act”)
[2] Child, Youth and Family Services Act, 2017 S.o. 2017, chapter 14 Schedule 1
[3] § 5:68. Adopted Persons Widdifield on Executors and Trustees, 6th Edition
[4] Child, Youth and Family Services Act, 2017 S.o. 2017, chapter 14 Schedule 1 at section 217
[5] § 26:72. Adoption Anger & Honsberger Law of Real Property, 3rd Edition
[6] The Succession Law Reform Act at section 47.
[7] Trombley Estate v. Rachow (H.C.J.), 1988 CanLII 4536 (ON SC) at para
[8] Estate of Sydney Monteith v. Monteith et al, 2024 ONSC 800 (CanLII)
[9] Ibid at para 6
[10] Ibid at para 5
[11] Ibid at para 20
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