Announcement

Collapse
No announcement yet.

How a Will works

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • How a Will works

    Can anyone advise how does a will works if a man is remarried now after his original Will has been written?

    It is worth to write a Will for The remarried man?

    If he does not write a Will, will all his asset go to his current wife based on Ontario’s law even he has set up beneficiaries before this marriage in his insurances and pensions?
    THanks.

  • #2
    My husband redid his will after his divorce outlining specific expectations. Now that we are married technically I am his next of kin but his will needs to be redone. The estate lawyer said it is best to change a will when circumstances change.

    His insurance is still left to his kids as that is what his agreement dictates until he is done paying cs.

    Comment


    • #3
      Originally posted by WorryAnne View Post
      Can anyone advise how does a will works if a man is remarried now after his original Will has been written?

      It is worth to write a Will for The remarried man?

      If he does not write a Will, will all his asset go to his current wife based on Ontario’s law even he has set up beneficiaries before this marriage in his insurances and pensions?
      THanks.
      if he has set up beneficiaries then his insurance and pension go to the named parties.

      A new marriage does not mean that the new wife gets everything no matter what is in the will or who the beneficiaries are. He needs to write a new will and if he wants to change his beneficiaries for his insurance and pension he needs to contact them and fill out a form to reflect his new wishes.

      Comment


      • #4
        Originally posted by standing on the sidelines View Post
        if he has set up beneficiaries then his insurance and pension go to the named parties.

        A new marriage does not mean that the new wife gets everything no matter what is in the will or who the beneficiaries are. He needs to write a new will and if he wants to change his beneficiaries for his insurance and pension he needs to contact them and fill out a form to reflect his new wishes.
        Marriage invalidates all prior Wills. That is the law. If you marry and don't get a new will, you are deemed to have died intestate and your assets are distributed as set out in the legislation. So the current spouse gets the lions share, and then any children get the remaining. Former spouses would have to make a claim against the estate to be included.

        Insurance beneficiaries remain the same unless changed by the insured.

        https://ontario-probate.ca/will-basi...e-re-marriage/

        Comment


        • #5
          Always have an updated will - especially if remarried.

          Comment


          • #6
            Originally posted by HammerDad View Post
            Marriage invalidates all prior Wills. That is the law. If you marry and don't get a new will, you are deemed to have died intestate and your assets are distributed as set out in the legislation. So the current spouse gets the lions share, and then any children get the remaining. Former spouses would have to make a claim against the estate to be included.

            Insurance beneficiaries remain the same unless changed by the insured.

            https://ontario-probate.ca/will-basi...e-re-marriage/
            I stand corrected. Thanks for that, always good to know.

            Comment


            • #7
              I say this for the benefit of future readers...

              Most agreements outline life insurance to cover the future child support and expenses for the kids. The Divorcemate program can calculate how much a person should be carrying for this.

              Thats all a divorced parent is obligated to do. There is no rule that an ex has to have their kids or their ex in a will. If they meet a new spouse and have more kids they could get a new will done cutting previous kids out. They could also leave their entire estate to the neighbours cat.

              This is all to say don’t waste your time fighting for something that isn’t in the rules. You get what is dictated to support your kids.

              Comment


              • #8
                Google,
                "The Importance of Updating your Affairs on Separation and Divorce"


                It will bring up an external legal site's info on this, which seems like a really great summary of the things you need to be mindful of, and why it's good to make a new will. (primarily for Ontario)


                (I didn't want to link to the site directly here, as it's another legal firm's site (Toronto)




                Also, the OP specifically mentions a "remarried" situation here. For anyone stumbling across this thead down the road, bear in mind, that this works differently if you were only common-law, or you didn't get remarried.



                Consult a lawyer, and always update your will.
                Last edited by dad2bandm; 10-09-2019, 10:44 AM. Reason: Added caution about "remarried" only discussion

                Comment


                • #9
                  Originally posted by rockscan View Post
                  I say this for the benefit of future readers...

                  Most agreements outline life insurance to cover the future child support and expenses for the kids. The Divorcemate program can calculate how much a person should be carrying for this.

                  Thats all a divorced parent is obligated to do. There is no rule that an ex has to have their kids or their ex in a will. If they meet a new spouse and have more kids they could get a new will done cutting previous kids out. They could also leave their entire estate to the neighbours cat.

                  This is all to say don’t waste your time fighting for something that isn’t in the rules. You get what is dictated to support your kids.
                  A quick comment to the above, if you are planning to cut someone out (like a child) you have to be careful that you specify why, and the reason why cannot be unconscionable (ie. the child gets nothing because they married a person of another race, and the parent is a racist POS). You need to be clear that they get nothing because they didn't have a relationship with the parent for example. Another way to put in the Will that the child gets $1 or a nominal amount. Wills that are unconscionable may be set aside. I've read of 2 cases recently.

                  The rule of thumb is that you need to provide for your family and if you are not, you need to show why you chose not to.

                  Comment


                  • #10
                    Originally posted by dad2bandm View Post
                    Also, the OP specifically mentions a "remarried" situation here. For anyone stumbling across this thead down the road, bear in mind, that this works differently if you were only common-law, or you didn't get remarried.

                    Consult a lawyer, and always update your will.
                    Good point. Marriage invalidates prior wills. Becoming common law does not.

                    Comment


                    • #11
                      Originally posted by HammerDad View Post
                      Good point. Marriage invalidates prior wills. Becoming common law does not.

                      It would really suck, if your ex, was your executor of your will, when that was not your intention. :-/

                      Comment


                      • #12
                        Originally posted by HammerDad View Post
                        A quick comment to the above, if you are planning to cut someone out (like a child) you have to be careful that you specify why, and the reason why cannot be unconscionable (ie. the child gets nothing because they married a person of another race, and the parent is a racist POS). You need to be clear that they get nothing because they didn't have a relationship with the parent for example. Another way to put in the Will that the child gets $1 or a nominal amount. Wills that are unconscionable may be set aside. I've read of 2 cases recently.



                        The rule of thumb is that you need to provide for your family and if you are not, you need to show why you chose not to.


                        This is interesting since we discussed this with our estate lawyer. My husband left just a few minor things to his kids in the will and I worried they would fight it. The lawyer said they can’t because he left them something.

                        When one of my parents did their will, one of us was cut out of it and it outlined why (they were angry and said the relationship was irreparably damaged). That child reconciled with the parent but the will was never changed. It worked out in the end though.

                        My husband wants to change his will to leave nothing to his kids. I am sure the estate lawyer will help with the language. We need to change it anyway as we are now married.

                        Comment


                        • #13
                          Originally posted by rockscan View Post
                          This is interesting since we discussed this with our estate lawyer. My husband left just a few minor things to his kids in the will and I worried they would fight it. The lawyer said they can’t because he left them something.
                          Leaving them something shows you considered them, and means they would have a real tough time fighting it (ie. leaving $1.00 per child). Just make sure that he doesn't put in reasoning that would be racist, homophobic etc. and it will all work out.

                          Originally posted by rockscan View Post
                          When one of my parents did their will, one of us was cut out of it and it outlined why (they were angry and said the relationship was irreparably damaged).
                          That is reasonable wording for cutting out a person. Again, so long as the reason for cutting out a person is reasonable, that person will have a tough time challenging it.

                          Comment

                          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.
                          Working...
                          X