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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-05-2005, 12:00 PM
jay jay is offline
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Default help anyone

Originally Posted by jay
does the separation agreement over ride the Will.
the separation agreement is witnessed,both parties
signed but with legal advise only.
but parties agreed that they could not lay claim to each others estate.
Old 12-07-2005, 12:44 AM
homer homer is offline
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I dont think a sep. agreement would override a will... but depends on what you are talking about?
Old 12-08-2005, 03:33 AM
Julie Julie is offline
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If its money related then a Will will take precedence i believe.
I could be wrong, does anyone know for sure?
Old 12-09-2005, 12:41 AM
logicalvelocity logicalvelocity is offline
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Just an opinion,

A separation agreement is a binding document and so is a will. It would be Dependant on the terms of each document and the date of same if there was a conflict.

Section 34 subsection 4 of the Family Law Act, RSO 1990 c F 3

deals with the issue court orders binding estate's

Support order binds estate

34 (4) An order for support binds the estate of the person having the support obligation unless the order provides otherwise. R.S.O. 1990, c. F.3, s. 34 (4).

Section 54 of same deals with separation agreement's

Separation agreements

54. Two persons who cohabited and are living separate and apart may enter into an agreement in which they agree on their respective rights and obligations, including,

(a) ownership in or division of property;

(b) support obligations;

(c) the right to direct the education and moral training of their children;

(d) the right to custody of and access to their children; and

(e) any other matter in the settlement of their affairs. R.S.O. 1990, c. F.3, s. 54; 1999, c. 6, s. 25 (24); 2005, c. 5, s. 27 (27).

It would also be a good idea to read the following statute that deals with wills and revocations

Succession Law Reform Act R.S.O. 1990, Chapter S.26
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