Divorce, Remarriage and Wills
Published on 29 August 2022, 07:22:56 AM
Remarriage after divorce can make Wills out of date or inaccurate. Remember to revisit all your Wills when your marital status changes. Why make your current spouse go to court to argue for inheritances you meant for them to have?
Axess Law writes new Wills to reflect who you want real property and possessions to go to after divorce or remarriage. Our lawyers for Wills in Greater Toronto Area or Ottawa update your last Will and testament to leave former spouses in or out as you desire.
Changing Wills After Divorce
Recent changes to Canada’s Succession Law Reform Act mean a divorce decree no longer invalidates those parts of Wills that make former spouses beneficiaries.
New legislation that impacts your estate prevents financial predators from taking advantage of legal loopholes to take assets away from vulnerable or elderly spouses. It protects next-of-kin who stand to lose inheritances to predatory marriages.
What does it mean for you?
Whatever Will you have in place when you divorce remains intact.
Unless you take direct action to strike clauses you no longer want estate trustees to rely on, former spouses could inherit assets you acquire after remarriage.
Former spouses appointed estate trustees stay in place until your Will is refreshed.
New and former spouses may have competing claims on matrimonial homes and your assets.
And more.
Imagine the emotional impact and financial consequences for biological offspring or adopted step-children if you fail to update your last Will and testament to include their needs.
Your Estate Trustee’s Role
But won’t your estate trustee make the necessary adjustments to your Will after you die?
They may be your personal representative, but without clear, written instructions from you, your trustee can no more change your Will than anyone else. Only a court can alter your Will and judges aren’t inclined to do so unless there is evidence you planned but forgot to revoke or revise important clauses before you died.
Axess Law can write your Will to ensure your executor is fully confident it represents your final wishes when they apply to Ontario probate court for a certificate of appointment of estate trustee. That makes their job easier and assures beneficiaries your wishes are being carried out.
Mirror Wills for Couples
Now is a good time to talk with your spouse about organizing their own estate. Axess Law can write mirror Wills that make you and your spouse the main beneficiary of each other’s estates.
Joint or mutual Wills for couples can tie your hands by allowing former spouses to hold you to agreements you made before a relationship breakdown. Even if you have since remarried, your former spouse may claim a joint or mutual Will prevents any changes not previously agreed upon.
Axess Law mirrors provisions in your Will to match your spouse’s, making completely separate Wills for each of you. In the event you die together or within 30 days of each other, we ensure both your estates go to your children or anyone else you name.
Your mirror Will can make specific bequests, such as donating to a favourite charity, yet be identical in almost every other way. Ask our Wills lawyers about making mirror Wills.
Why You Need a Lawyer
Preparing Wills and estates in Ontario may seem simple, but online Wills kits can omit important details. If you have divorced and remarried more than once, professional legal advice is recommended.
Having a legal professional draft or redraft your Wills helps ensure your final wishes stand up in court and are express and clear. You avoid a confusion of Wills that can occur when beneficiaries have multiple copies of past and current testamentary documents.
We can make as many Wills as you need or want. Primary Wills and, if needed, secondary Wills for corporate assets can reflect your goals for past or current families.
Your estate trustee can be confident they are giving an Ontario probate court the final version of your Will and any changes before being appointed to formally represent you. That ensures your trustee, who speaks on your behalf, represents your true intentions.
Affordable Flat Fee Legal Services
Axess Law makes new Wills to replace outdated documents so the current state of your marriages is accurately reflected. We remove former spouses and ensure legally married partners are listed as survivors for matrimonial homes and other assets.
We can advise you on switching beneficiaries for investments or life insurance policies that may be in a former spouse’s name. Or if you have left these to your estate, our Wills and estates lawyers can include them in your new Will.
Making changes or codicils to existing Wills is inadvisable when it costs so little to make a new final Will and testament. Our Wills lawyers can refresh your instructions to your estate trustee by drafting a new Will for just $199.99 plus HST. For $249.99, we make a Will and power of attorney (Ontario) for personal care, including assisting you with your daily needs, or for financial property.
If your estate is complex, our lawyers in Greater Toronto Area and Ottawa make primary Wills for personal assets and secondary Wills for business interests. You pay just $600 and up plus HST to have separate Wills.
Meet By Video or In Person
Axess Law can meet you remotely, by secure online video conference, or in person at any of our Greater Toronto Area or Ottawa locations. We have Will lawyers near you, 7 days a week, for day or evening appointments. Parking is available onsite and transit service is within walking distance.
Reserve your appointment using our easy to use online booking form. Call our 1-647-479-0118 lawyer line (toll free at 1-877-402-4277) to find a time and location convenient for you.
