No announcement yet.

When ons spouse dies

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • When ons spouse dies

    This past Friday night I lost my best friend to a car accident. He is survived by his brother, his ex wife and their 2 children. My friend was paying his ex wife 800.00 per month child support. He had a will and left his brother as the excutor. The will says that the kids are to get their share when they are 25 years old. They are only 9 and 12 now. What happens to the children now. Because of the rocky break up the brother refuses to give anything to the exs wife. She is been living with another guy since they broke up.
    I really feel for the children since I don't thing everything will be handed over to them. Thier is already a battle about his BMW. Looks like his brother wants it. I feel it should be sold and the proceeds should go in trust for his kids, but i'm pretty sure that won't happen..

  • #2
    Sorry for your loss

    I have no answers for you re: legalities, OB1.

    But did want to offer heart felt symapthies to you. May you find peace as you struggle with your best friend's death on top of everything else!


    • #3
      Thank you. Sal was a great guy, liked by everyone that met him. I had known him for over 25 years. He was such a help for me in my on seperation. I would call him daily and he would be there for me. I will miss him dearly.
      I know he would want the best for his children, and I hope his brother has the decency to place his belongings in trust for the kids.
      Sal was only 43 years old...God rest your soul buddy...Until we meet again


      • #4

        If there were any support orders in effect, They would bind the estate. I do suspect that if a separation agreement providing support could also bind the estate unless the agreement provides otherwise.

        See the Family Law Act R.S.O. 1990, Chapter F.3 on the issue:

        Section 34(4)

        Support order binds estate

        (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).



        • #5

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

          Section 57

          PART V

          Definitions, Part V

          57. In this Part,

          “child” means a child as defined in subsection 1 (1) and includes a grandchild and a person whom the deceased has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“enfant”)

          cohabit” means to live together in a conjugal relationship, whether within or outside marriage; (“cohabiter”)

          “court” means the Superior Court of Justice; (“tribunal”)

          “dependant” means,

          (a) the spouse of the deceased,

          (b) a parent of the deceased,

          (c) a child of the deceased, or

          (d) a brother or sister of the deceased,

          to whom the deceased was providing support or was under a legal obligation to provide support immediately before his or her death; (“personne à charge”)

          “letters probate” and “letters of administration” include letters probate, letters of administration or other legal documents purporting to be of the same legal nature granted by a court in another jurisdiction and resealed in this province; (“lettres d’homologation”, “lettres d’administration”)

          “parent” includes a grandparent and a person who has demonstrated a settled intention to treat the deceased as a child of his or her family, except under an arrangement where the deceased was placed for valuable consideration in a foster home by a person having lawful custody; (“père ou mère”)

          “spouse” means a spouse as defined in subsection 1 (1) and in addition includes either of two persons who,

          (a) were married to each other by a marriage that was terminated or declared a nullity, or

          (b) are not married to each other and have cohabited,

          (i) continuously for a period of not less than three years, or

          (ii) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) R.S.O. 1990, c. S.26, s. 57; 1999, c. 6, s. 61 (1, 2); 2005, c. 5, s. 66 (3-8); 2006, c. 19, Sched. C, s. 1 (1).

          Section 58(1)

          Order for support

          58. (1) Where a deceased, whether testate or intestate, has not made adequate provision for the proper support of his dependants or any of them, the court, on application, may order that such provision as it considers adequate be made out of the estate of the deceased for the proper support of the dependants or any of them. R.S.O. 1990, c. S.26, s. 58 (1).



          • #6

            You are a wealth of information and I really have learned allot in the few days since I signed up.

            I have a question here also. I have co-habituated for 10 years, I am joint on the ownership of the home, and all major items like cars, etc. He has a will with the same provisions for his first child as he has for our two children. If he were to die, does his estate still go to support the first child, or do I have some rights as my name is on all as co owner? And do our two children get consideration also. I mean the child will still have all she had before his death.


            • #7

              as you mentioned,

              If he were to die, does his estate still go to support the first child, or do I have some rights as my name is on all as co owner?
              I have a tendency to believe that their estate would be made up of their share of the co-owned assets. Your share of the co-owned assets do not form part of their estate.

              In regards to section 58 of the Succession Law Reform Act, R.S.O. 1990, Chapter S.26

              Adequate support can be defined by the following.

              Dependants of qualified contributors to the CPP, have benefits available to them in the form of periodic payment payable until they reach a certain age and an extended benefit if they are enrolled in a qualified full time education program for the ages of 18-25. See the link.


              Additionally, if an individual was a member of a supplementary government pension, (such as a public service pension - superannuation) their Dependants would also be entitled to a periodic payment over and above CPP survivor benefit they received.


              I do suspect provincial and municipal pensions have similar survivor benefits.

              Some other options available to support payor's is to have some form of life insurance payable to their children as beneficiaries or take out a policy offered by "the Family Law Insurance Centre" known as Familysure 2000 which insures the support obligation. see the link




              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.