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Difference between revisions of "Separation and the Law"

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Separation and the Law (view source)

Revision as of 17:39, 27 September 2014

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===Wills===
===Wills===


Separation may stop an unmarried spouse from making claims under the ''[http://canlii.ca/t/840g Estate Administration Act]'' and the ''[http://canlii.ca/t/84g0 Wills Variation Act]''. These laws allow an unmarried spouse to claim a share of the estate of his or her deceased spouse, but only if the spouses were living together at the time of the death.
If you separate and your spouse dies, you cannot rely on your spouse's will. Unless the Will says otherwise, any gift or appointment the deceased spouse made to you is revoked at the date of your separation. If you want to make a claim to property owned by your spouse's estate, or for support from your spouse's estate, then you must sue your spouse's estate under the ''[http://canlii.ca/t/8q3k Family Law Act]'' and the ''[http://canlii.ca/t/7vbw Divorce Act]''.
 
Separation has no effect on the ability of married spouses to make claims under the ''Estate Administration Act'' and the ''Wills Variation Act''. Married spouses can claim a share of the estate of the deceased spouse as long as they are still married, whether they're separated or not.
If you still want your spouse to receive a gift or appointment through your Will, you must update your Will and specify that the gift or appointment should proceed even after your separation.
 
As a result of these laws, if you don't have a will, you should make one if you don't want your spouse to share in your estate. If you do have a will, you may want to change it. Special wording is normally used when married spouses change a will after separation, usually something along these lines:
 
<blockquote>"I make this my will following my separation from [name], my [wife/husband], and in contemplation of my divorce from [name], to whom I leave nothing as [she/he] is well provided for."</blockquote>


You should see a wills and estates lawyer for help in making or changing a will.
You should see a wills and estates lawyer for help in making or changing a will.
When married spouses are divorced a former spouse cannot act as executor of the deceased spouse's estate and any specific gifts to the former spouse are cancelled.


===Powers of attorney and other authorizations===
===Powers of attorney and other authorizations===
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