Divorce Proof Your Will

Published on 29 August 2022, 07:22:56 AM

Axess Law divorce proofs your Will if you are planning to marry, just married or leaving a marriage gone wrong. 

Whether your divorce is bitter and contested or you make a joint divorce application, having a new last Will and testament in Ontario is so important. 

Why leave your financial future to chance when our cheap Will lawyers in Toronto and area can draft new Wills for $199.99 and up? That’s less than you could spend on car insurance in a month.

 

Wills and Marriage

Wills are very personal documents, yet when you marry in Ontario, they are automatically revoked. That means all your careful inheritance estate planning to distribute assets after death is disrupted. It gets even more complicated if you die out of province or while travelling in the U.S. or internationally.  

 

Dying Without a Legal Will 

Unless you think to fix your Will immediately before or when you marry, if you die suddenly, Ontario probate court considers you to have died intestate without a Will. Because your pre-marriage Will is invalid, your money and possessions may wind up distributed by a provincial government appointee under the Ontario Succession Law Reform Act. Your estate could be divided in ways you never planned or thought of.

 

Adding Marriage Clauses in Wills

Only if your Will was written with marriage in mind does a personal Will survive your marriage nuptials. Axess Law’s experienced attorneys protect your Wills and estate in Ontario by drafting Wills that reference marriage plans and include your spouse’s name. That keeps your Will intact in case the unexpected happens. 

 

Separation and Your Will

Ontario divorce court decrees dissolve that part of spousal Wills that leave property or personal possessions to marital partners. But if all you do is separate, amicably or otherwise, bequeaths made to spouses or common-law partners remain intact. 

 

Who Inherits If You Separate

Making an informal separation agreement resolves immediate issues like where you will live and who takes the kids following relationship breakups. It gives you space and time to try trial separation (even if you file for divorce later, you can live apart and separate for up to 90 days without affecting Ontario divorce applications).

 

Survivorship Applications by Separated Spouses

Some couples never divorce. Have you reviewed your Will recently? Your spouse may have a right of survivorship and be legal owner of all your property. Matrimonial homes you shared as a couple — including cottages, vacation properties or that plot you planned to build on — may revert automatically to your spouse if they make a survivorship application in Ontario. 

Regardless of whether you intended to sell real property to create a child inheritance or gift other next-of-kin, joint tenant agreements made in good faith while married could override your written Will.

 

Inheritance Rights During Relationship Breakup 

Unless you change Ontario Wills by starting over or making costly amending codicils, your former spouse (or common-law partner) will inherit exactly what was in your Will, regardless of your relationship status. 

 

Divorce and Wills  

Unlike marriage, when you file for divorce and get a decree nisi court order, only those parts of your Will that leave assets to a spouse are revoked. Personal Wills are changed, but not cancelled by divorce in Ontario.

 

Divorce and Wills Cancellation

You may have appointed your spouse executor of Wills, estate trustee or guardian to minor children you share. That is all dissolved when you divorce. Spousal gifts in Wills are also revoked, unless specifically included in a new last Will and testament or added as codicils (amendments) to existing Wills.

 

Gifting Assets After Marriage Breakup

Axess Law divorce proofs your Will while you’re married or planning marriage by including legally binding clauses that gift your assets to others if you divorce or separate for any reason. Even if your divorce is not final when you die, your Will can state that real property you owned before marriage or inherited without co-mingling it in joint spousal accounts goes to beneficiaries of your choice.

 

Revoking Beneficiary Designations

RRSPs, RRIFs, life insurance policies and pensions can all be affected by divorce. When you hire an Axess Law lawyer to write a Will, we pay special attention to beneficiary designations. 

If you have secondary Wills or thought to designate beneficiaries other than an estate for certain, non-probatable assets, you need to take direct action to prevent former spouses or partners from inheriting. 

We check all the details to ensure you are covered against unintended consequences of divorce or separation.

 

Joint Wills After Death

You may have made a joint Will during better times and now wonder how to get out of legal provisions that bind you forever. Axess Law drafts new individual Wills for couples, relieving you of life-long restrictions joint Wills impose. If you are separating but hope to get back together, we have Wills lawyers (Toronto and surrounding communities) who can write mirror Wills that are the same but individual for both of you.

 

Marriage Contracts, Cohabitation Agreements and Wills

 

Are Marriage Contracts Enforceable?

Marriage contracts can affect Will rights if your divorce is not final when you pass on. Divorce courts consider a marriage contract in Ontario legally binding as long as you weren’t unduly influenced, coerced or pressured to sign and the contract isn’t fraudulent. Let Axess Law’s Wills attorneys review your marriage contract to see if it is valid and enforceable. 

 

Cohabitation Agreements After Death

Our family lawyers recommend dissolving cohabitation agreements and joint tenancies if your common law relationship flounders. Even if separated, Wills gifting assets or family homes to common law partners are legally valid if you die before changing beneficiaries.

 

Why You Need a Lawyer

Making Wills divorce proof can be complicated, especially if you have primary and secondary Wills, designated beneficiaries or a family trust Will for dependants with disabilities. Even handwritten holographic Wills must meet certain legal requirements for Ontario Wills to be binding and valid. 

 

Is Your Will Invalid?

Ontario probate court can void Wills after death because you missed steps necessary to make legal Wills, leaving your final estate to chance. Axess Law has law offices nearby (Toronto and Greater Toronto Area) where a licensed Will lawyer can review your estate assets and draft basic Wills in days or, if it’s especially complex, a few weeks at most. If you are currently in a legal dispute over a family member’s Will, we have a probate lawyer near you.

 

Fast, Convenient Wills Services

Our quick, no fuss Wills services start at only $199.99 each or $249.99 and up if we prepare a power of attorney for personal care or property at the same time. 

 

Documents We Need

Bring valid Ontario photo ID when you meet with your Axess Law lawyer, online or in person. We suggest thinking ahead about who you want to appoint as attorney(s), what you will pay them and what conditions or restrictions you want included. For example, if you want your attorney to consult your family, hire professional advisors or give to charity on your behalf. 

 

Book Online 7 Days a Week, Day or Evening

Book day or evening Wills appointments, 7 days a week, at Greater Toronto Area law offices nearby you. Parking is available onsite and transit service is within walking distance. Use our easy online booking form to reserve your spot or call our 1-647-479-0118 lawyer line for your preferred time and location.