legal advice please

[pilen13]

my husband is suffering from cancer. he does understand but he is limited to one word answers. he has a will leaving me the common law wife everything. just a few months ago we were married. here are my questions
now that my status changed am i still entitled to his estate?
is the will still valid in ontario canada?
what can i do to secure the estate, that the spouse is the primary beneficery?
please reply
thanks

 

[zardoz]

get off this board you gold digger!

 

[Perry Mason]

I can say this: the marriage invalidates the prior Will.

Go and see a lawyer as quickly as possible: there are no quick, simple answers.

Perry

 

[Meesh]

Your husband?

Here we go. I've been in the CL site for months now, and yet have I taken the plunge. The whole idea of going into an appartment building spooks me. Time to change that.
Please refer me and keep in mind the following:
- It will be my 1St time with a SP (MPA I do weekly)
- seeking passion
- BBBJSW
- will not do scummy appartments
- prefer brampton, northyork, etobicoke, miss area.
Please explain procedure.
Thank you all.

 

[Nickelodeon]

Are there other Boards that serve up such a mix of funny bullshit. This is why I keep coming back.

 

[gcostanza]

Your husband?

Not that there's anything wrong with that !

 

[Aardvark154]

I can say this: the marriage invalidates the prior Will.

Go and see a lawyer as quickly as possible: there are no quick, simple answers.

Perry

Pilen, what Perry wrote! Further, there may soon be an issue of competency therefore do not delay!

 

[Damondean]

I can say this: the marriage invalidates the prior Will.

Go and see a lawyer as quickly as possible: there are no quick, simple answers.

Perry

Interesting. I am not a lawyer but I would have thought that if a beneficiary is named, he/she remains the same whether a marriage follows or not.

But I totally agree that TERB is no place to seek legal advice -- at least on this question.

 

[Cassini]

Interesting. I am not a lawyer but I would have thought that if a beneficiary is named, he/she remains the same whether a marriage follows or not.

But I totally agree that TERB is no place to seek legal advice -- at least on this question.

I think the issue is that before you are married, you may have one set of beneficiaries. After you are married, you should provide for your wife.

If the will before the marriage essentially left all the money to the spouse, then it is likely much more effective than if it doesn't.

However, this is a question you need a lawyer for. In this position, a power of attorney will also be needed. The degree of care and difficulty required in drafting both the will and the power of attorney, at this point in time, is related to the complexities of the situation. Again, you will need a lawyer to help.

 

[mandrill]

my husband is suffering from cancer. he does understand but he is limited to one word answers. he has a will leaving me the common law wife everything. just a few months ago we were married. here are my questions
now that my status changed am i still entitled to his estate?
is the will still valid in ontario canada?
what can i do to secure the estate, that the spouse is the primary beneficery?
please reply
thanks

Maybe you should go and actually PAY a qualified person to give you this advice.

 

[Steve Harper]

OK, I'm confused. I peeked at the OPs other posts and Pilen asks the usual questions about MPs/SPs. Then Pilen states that he(?) is the wife in this thread. Is Pilen a he or she?

Secondly, in Pilen's other posts, she or he asks for a lot of free legal advice on different topics. I agree with Oagre that if you're payin' to hobby, then you should be paying a lawyer for this advice. Stop mooching off Terb.

 

[mr bojangles]

OK, I'm confused. I peeked at the OPs other posts and Pilen asks the usual questions about MPs/SPs. Then Pilen states that he(?) is the wife in this thread. Is Pilen a he or she?

Secondly, in Pilen's other posts, she or he asks for a lot of free legal advice on different topics. I agree with Oagre that if you're payin' to hobby, then you should be paying a lawyer for this advice. Stop mooching off Terb.

This advice is freely offered by fellow members that are lawyers

 

[toguy5252]

Marriage automatically revokes all wills unless the will was made specifically in contemplation of the marriage. Although he may have speach problems he may still have the capacity to make a will. You should speak to a lawyer.

 

[goalie000]

If he is not capable of making decisions then the doctor can write a letter stating this and take it to a lawyer to draft a power of attorney with you the legal wife as such. I had to do this with my SO a d it was perfect legal.

 

[Moraff]

Interesting. I am not a lawyer but I would have thought that if a beneficiary is named, he/she remains the same whether a marriage follows or not.

But I totally agree that TERB is no place to seek legal advice -- at least on this question.

I remember a clause on the beneficiary section of my company pension that said that if I was married and designating someone other than my wife as beneficiary I would have to have a clause in my will specifically stating that I wished my pension to go to the person not my wife otherwise Ontario law would most likely give it to her if she contested. Or something like that.

 

[Aardvark154]

This advice is freely offered by fellow members that are lawyers

General advice is different from specific advice.

 

[Aardvark154]

If he is not capable of making decisions then the doctor can write a letter stating this and take it to a lawyer to draft a power of attorney with you the legal wife as such. I had to do this with my SO a d it was perfect legal.

Yes, but a Power of Attorney (or in this instance) a Durable Power of Attorney, is not at all the same as a competently drafted Will.

 

[Aardvark154]

Interesting. I am not a lawyer but I would have thought that if a beneficiary is named, he/she remains the same whether a marriage follows or not.

Marriage automatically revokes all wills unless the will was made specifically in contemplation of the marriage.

Sorry, Damondean, what Toguy writes.

 

[Mervyn]

Marriage automatically revokes all wills unless the will was made specifically in contemplation of the marriage. Although he may have speach problems he may still have the capacity to make a will. You should speak to a lawyer.

But does it matter in this case ?

If marriage revokes all wills automatically , does this mean the wife becomes the beneficiary of the will automatically, and if so, since the wife and common law wife are one and the same person isn't that effectively the same thing ?

 

[Ceiling Cat]

This advice is freely offered by fellow members that are lawyers

All them legal advice here on TERB is worth every penny you pay for it.

Maybe he is the wife?? Who knows?