Marital status matters in Ontario, at least\nwhen it comes to the law and your will. There are some misconceptions out there\nabout the current estate laws, so let\u2019s take a closer look at a few legal\nbasics so you can be armed with more information and hopefully, be inspired to\nget your will drafted no matter what your relationship status is. <\/p>\n\n\n\n
Ontario\nlaws around wills, marriage and living common-law<\/strong> <\/p>\n\n\n\n Throughout someone\u2019s life, they may get\nmarried, divorced, and\/or live common-law. Each one of these types of\nrelationships are seen a little differently in the eyes of law, and when it\ncomes to your will or what happens upon your passing, it can make a big\ndifference. <\/p>\n\n\n\n The moment you\nget married, any will you had before will be automatically revoked or\ncancelled. Since it\u2019s no longer valid, a new one will be needed. If you don\u2019t\nget a new will, your current legal spouse will inherit your estate upon your\ndeath. Even if you do get a new will, there are instances where you may still\nneed to financially support an ex-spouse, even if they aren\u2019t named in your\nwill. <\/p>\n\n\n\n Unlike getting\nmarried, when you get divorced your will is not legally revoked. What happens\nis that references to your ex-spouse are revoked and they won\u2019t be able to\ninherit from you or become your executor or trustee. The remainder of your will\nstays intact. <\/p>\n\n\n\n When you are\nseparated, there is no change to your will, even if you\u2019ve been separated for\n15 or 30 years. Unless you get a divorce, you are considered to be legally\nmarried to that person, and with that, they are entitled to your estate as\nsuch.<\/p>\n\n\n\n Dying\n\u2018intestate\u2019 or without a will <\/strong><\/p>\n\n\n\n If you die without a will, there are a few\ndifferent things that can happen. First, there will be a court-appointed\nexecutor and\/or trustee assigned, and then it can take significant time and\nexpense for your estate to be assessed and distributed. Very often, the end\nresults of this process don\u2019t make very many loved ones happy and it causes a\nlot of hardship for everyone involved. Here are a few scenarios: <\/p>\n\n\n\n Your common-law\npartner doesn\u2019t have any legal claim to your property if there is no will, no\nmatter how long you\u2019ve been together. As shocking as this is for many people,\nit\u2019s the law. Your common-law partner\nmay be able to seek support money, but it\u2019s no guarantee. Additionally, if your\ncommon-law spouse isn\u2019t on the deed or title to a home you both shared, they\ncould be locked out, even when they helped pay the mortgage or bills. <\/p>\n\n\n\n If you have a current\ncommon-law spouse but never got around to finalizing that divorce from your\nprevious marriage, your ex-spouse can claim your estate. Even with a separation\nagreement, the courts still see you as being married. <\/p>\n\n\n\n As you can see, having a will is essential\nwhether you are in a relationship or not. Too many people incorrectly believe\nthat the courts will \u2018logically\u2019 rule in favour of the most current partner or\nspouse, but the law is the law. Make today the day you commit to finally\ndrafting up that will or updating your old one! You\u2019ll gain peace of mind from\ntaking this important step to protect your loved ones. Make sure your assets\nget into the right hands; we specialize in helping Muskoka families with\nplanning and executing their wills and estates. Call to make an appointment at\n705-746-6444; we\u2019re here for you to help make this process as simple and\nlegally binding as possible.<\/p>\n","protected":false},"excerpt":{"rendered":" Marital status matters in Ontario, at least when it comes to the law and your will. There are some misconceptions out there about the current estate laws, so let\u2019s take a closer look at a few legal basics so you can be armed with more…<\/p>\n","protected":false},"author":1,"featured_media":1522,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","footnotes":""},"categories":[1,29],"tags":[207,206,180,64,204,205,208,58,60,157],"class_list":["post-1521","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","category-wills-estates","tag-bracebridge-law","tag-common-law-spouse","tag-estate-law","tag-estate-planning","tag-marriage-law","tag-muskoka-law","tag-personal-wills","tag-real-estate-law","tag-wills","tag-wills-and-estates"],"yoast_head":"\n