What is she entitled to?

[confused27]

My father was in a common law relationship for 10 years, he just passed away and his girlfriend and her children were not included in his will. Is she legally entitled to anything (other than the estate because I know there was a deed written when the house was purchased)?

[standing on the sidelines]

estate usually refers to all the persons wordly goods when they die. This includes property, money, personal items etc. I take it she is getting the house? She can try and contest the will but I am thinking that if she is getting the house then any judge will see that she was provided for.

[FL_Needs_To_Change]

When a parent fails to make specific mention of a child in a will, then the other parent has the right to contest it. It is understood that although the parent has died, their obligations to the child(ren) they fathered continues and the living parent can seek to have the estate continue this obligation to the child(ren).
When we prepared our wills, the lawyer specifically told my husband that he MUST include some provision for the child of his first marriage of his ex will have the right to contest his will in an effort to continue his obligations to his child through his estate.

[paris]

FL, how specific was that provision. My husband still has a 14 year old he's supporting. The other 2 children are married now and own their own homes.

He would like to will something to all of the children. Should it be written that the youngest receive hers when she reaches a certain age? Or would it be set up to still pay his CS?

[FL_Needs_To_Change]

He would like to will something to all of the children. Should it be written that the youngest receive hers when she reaches a certain age? Or would it be set up to still pay his CS?

This a is indeed an option, you can appoint a person who provides management and distribution of the money and property left to children until they reach the age of maturity. One person can perform both this function as well as guardian.
We mentioned his child by name, specifically so that the ex would not be able to contest it saying the child was forgotten. We willed a small investment to the child in addition to our other two children. Then went on and disposed of all possessions clearly naming the person, complete with birth date and current known address to avoid any confusion, specifically where the child with the ex was concerned.

Some lawyers will tell you that it is no longer necessary to have this provision as children have no vested interest in their parent's property. We were not taking that chance given the existing order for support and the personality and previous conversations with the ex.

The law ( Succession Law Reform Act) states,
SECTION 58
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. 1980, c. 488, s. 58(1).

There is a six month limitation on any application for section 58.
Section 62 has numerous determining factors for setting a support amount to be covered by the estate, some of which are the need of the child, the level of involvement in the deceased’s life, did the deceased have an obligation to support others, the child’s surviving parent’s ability to provide past standard of living without further support etc, something like 30 determining factors.

Very important to keep it updated, to not do so could mean disaster.
Simply adding an amendment to the existing will is sufficient when things change.
IE major asset (like a home), change in marital status, children reach age of majority etc.