Monday March 28, 2016

Estate Planning: Married, Divorced or Common Law

Authored by: Lauren M. Randall Posted in: Wills & Estates

Common Law Spouses

1. COMMON LAW SPOUSES are not recognized under Nova Scotia legislation as having any rights to the assets of their deceased common law spouse.

This means:

Married

2. If you ARE MARRIED and have no will your surviving spouse does not automatically inherit all of your assets.

This means:

3. If you GET MARRIED after the date on which a will is made that will is no longer valid.

This means:

Divorced

4. If you get DIVORCED (or an annulment) after the date on which your will is made the references to your former spouse are revoked and it is as if they were never written in the will.

This means:

Separated

5. If you are SEPARATED BUT NOT DIVORCED and have a will, any reference to your spouse from whom you are separated remains within the will.

This means:

Is this how you would want your assets distributed?  If not I would encourage you to seek out legal advice to draw up a will or develop an estates plan that suits your needs.

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