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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 09-17-2012, 09:27 PM
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Default Wills & Separation

My bf and I, have decided it is about time we draw up a will... due to the house purchase, other investments and the amount of travel we both must do for our jobs, we feel it is best to draw up a will.

I have obtained a "Will Questionnaire" and some of the questions pertain to past marriages. Which prompted the question of... if one is only separated, with a SA and not divorced, does the ex spouse have more legal rights? I have read on this forum before, that the only real reason to be divorced is if one wishes to remarry... however, could a spouse that is not divorced be entitled to more than what is left in the Will, just because they are not divorced?

There are obviously somethings that are left to the ex such has life insurance for the children in the event bio Dad passes, but what about other things that are being left strictly to the children or other family members?
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Old 09-17-2012, 09:48 PM
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As long as you aren't sheltering your boyfriend's income from SS or CS collections you should be ok!

LOL
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Old 09-17-2012, 10:25 PM
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BF - Here's a bit of starting info for you:

Wills after Ontario separation and divorce
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Old 09-17-2012, 11:45 PM
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Thanks Blink!
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Old 09-18-2012, 07:40 AM
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my SA states that we each have no claim on the others estate.
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Old 09-18-2012, 10:44 AM
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Quote:
however, could a spouse that is not divorced be entitled to more than what is left in the Will, just because they are not divorced?
If you have drafted a will that leaves nothing to your ex-spouse they may elect to take under the FLRA instead of through the will. If you have separated and resolved the property and support issues then their FLRA claim would be nil.

It would be prudent to include, your separation agreement, a clause waiving any claim to the estate of the other. A better idea would be to finalize the divorce to completely avert risk, for example of a messy intestacy should anything untoward occur with respect to your will.
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