CRA indicates that a deceased’s property can vest indefeasibly in the surviving spouse notwithstanding that spouse’s death before probate

A’s will left A's assets to A’s surviving spouse (B) provided that B survived A by more than 30 days, which occurred - but B died before A's will was probated.

CRA noted that s. 248(9.2) would deem the property to have not vested indefeasibly in B (as required in order for s. 70(6) to apply) unless the property vested indefeasibly in B before B’s death. However, B's death occurring before there was a legal conveyance of the property (but after the 30 days) would not by itself prevent s. 70(6) from being satisfied.

Neal Armstrong. Summary of 17 June 2025 STEP Roundtable, Q.8 under s. 70(6).