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Originally Posted by jaydoes 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.
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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. -
I dont think a sep. agreement would override a will... but depends on what you are talking about? -
If its money related then a Will will take precedence i believe.
I could be wrong, does anyone know for sure?Comment
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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
http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK16
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
http://www.e-laws.gov.on.ca/DBLaws/S...s26_e.htm#BK48Comment
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