Difference between revisions of "Challenging a Will"
Jump to navigation
Jump to search
Dial-A-Law (talk | contribs) |
Dial-A-Law (talk | contribs) |
||
| Line 17: | Line 17: | ||
If the testator (i.e., the person who died) has been unfair or unreasonable toward a spouse or child, the court may change the will, even if the will is technically valid. The new ''Wills, Estates and Succession Act (WESA)'' gives the court the power to change a will that doesn’t adequately provide for the maintenance and support of the deceased person's spouse or children. | If the testator (i.e., the person who died) has been unfair or unreasonable toward a spouse or child, the court may change the will, even if the will is technically valid. The new ''Wills, Estates and Succession Act (WESA)'' gives the court the power to change a will that doesn’t adequately provide for the maintenance and support of the deceased person's spouse or children. | ||
=Does “spouse” include a common-law spouse? == | ==Does “spouse” include a common-law spouse?== | ||
Yes, “spouse" includes a common-law spouse. But to be considered as a spouse, you must have lived with the testator in a marriage-like relationship for at least two years immediately before the testator’s death. Marriage-like relationships between people of the same sex are included, so a gay or lesbian partner can make a claim as a spouse of the deceased if they lived together in a marriage-like relationship for at least two years just before the testator died. | Yes, “spouse" includes a common-law spouse. But to be considered as a spouse, you must have lived with the testator in a marriage-like relationship for at least two years immediately before the testator’s death. Marriage-like relationships between people of the same sex are included, so a gay or lesbian partner can make a claim as a spouse of the deceased if they lived together in a marriage-like relationship for at least two years just before the testator died. | ||
==What does the definition of “children” include? == | ==What does the definition of “children” include?== | ||
"Children" entitled to inherit from their parent’s estate includes biological children of any age, born either within or outside of a marriage, and legally adopted children. But stepchildren, or children who have been adopted by someone else, aren’t entitled to inherit from their parent’s estate. | "Children" entitled to inherit from their parent’s estate includes biological children of any age, born either within or outside of a marriage, and legally adopted children. But stepchildren, or children who have been adopted by someone else, aren’t entitled to inherit from their parent’s estate. | ||