This report addresses the underlying conflict between the principles of matrimonial property law and succession law that causes unfair results for a surviving spouse who under the existing law does not have a cause of action under the Matrimonial Property Act. The surviving spouse of a marriage terminated by death should not have fewer remedies than the spouse in a marriage terminated by divorce. The contribution of a spouse to a marriage should be recognized either on marriage breakdown or on death. There are three ways to ensure the surviving spouse gets his or her fair share of the matrimonial property: (1) election of a fixed share, (2) expanded judicial discretion under the Family Relief Act, and (3) the preferred method of reform, deferred sharing of matrimonial property upon death. This report contains a brief summary of the existing Matrimonial Property Act, recommendations for change to the Matrimonial Property Act, an examination of the interaction between the proposed right to seek division of matrimonial property on death and rights presently available to the surviving spouse on death of the deceased spouse. It discusses issues that arise in the administration of an estate faced with matrimonial property claim, gives recommendations governing the priority of payment of claims against the estate and notice given to the surviving spouse by virtue of section 7 of the Administration of Estates Act and the timing of the distribution of the estate and will substitutes that pass to third parties. Draft legislation is included.