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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 06-06-2018, 08:31 AM
Neon Neon is offline
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Default Changing a Will?

Does an entire will need to be redone or should it just be a codicil? The original will was done a large number of years ago, but the only changes I want to make at this time are from the divorce. Basically replacing the names of spouse and some relatives. What is the going rate for a will vs a codicil in Ontario? Money is very tight right now.
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Old 06-06-2018, 09:36 AM
rockscan rockscan is offline
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We redid our wills two years ago because his old will was from his marriage and I wanted to be protected from his kids pulling the rug out should he die suddenly. (We arenít married and technically he owns the house).

It cost us $500 for the two of them. The lawyer said not having an updated will when you die following a divorce makes the old will useless and they would go to next of kin which would be your new spouse if you have one or your kids if you have them. Otherwise everyone fights over your estate.

Best to spend the money and have it in place plus you can get all the stuff about what should be done if you end up in a vegetative state. We had that included in our will preparation too.
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Old 06-06-2018, 08:38 PM
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mafia007 mafia007 is offline
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I'm redoing mine at this moment after attending a retirement course with my new spouse. I was wondering how I should do my will for the past 3 years as D16 had terminated her access with me. And today, S18 had decided to follow his sister's steps and my ex is cutting my access with D10.


After listening to the professional successoral and will solicitor, I decided to inherit all my children and give everything to my new wife. The hell with it. I'm giving away over 23K$/year in CS so they can go to their mother who alienated them if money is needed.
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Old 06-06-2018, 11:52 PM
paris paris is offline
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mafia, if you cut your kids out of your will they can contest it. Unless you leave them a smallish amount. Unless anyone chimes in to say that's changed?
Your estate must provide for your underage child. If it doesn't your ex can sue your estate for CS.

Neon, a new will can run about $300. Codicil about half that. I'm sure it depends on the area you live and typical lawyer costs.
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Old 06-07-2018, 07:39 AM
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mafia007 mafia007 is offline
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Paris,

Do not misinterpret things. I do have Life insurance to cover CS provided something bad happen to me. My estate, is my sole property and in Canada, for the exception of province of BC, the law allows you to disinherit your children.

Now that Iím aware of this and unless things change over time, they wonít get a penny more. There has to be a price for cutting your contact with no good reasons with a parent.
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Old 06-07-2018, 08:45 AM
rockscan rockscan is offline
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Actually you can disinherit your kids. Fighting it now is next to impossible. From what our estate lawyer said, most judges wonít award anything to those who have been disinherited. Kids can fight it but all it does is cost them money and hold up the estate. (Before anyone jumps at me, I was disinherited and would have had to fight it but my parent had a change of heart before death and asked the executor to include me. If they hadnít, fighting it would have been more than I would have gotten.)

Divorced parents are obligated to carry life insurance to cover their child support which means that if you have that, your estate is covered.

Bottom line is, you can do what you want with your estate. If you want to leave everything to your cat you can. Contesting it is the battle the people who donít get anything have to fight.

The only thing we were surprised about was you canít leave it to anyone who isnít alive. My partner wants to leave things to his grandchildren but he has none. He will probably go and change his will when they come along.
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