Wednesday, October 23, 2013

What would you do? Dad remarries

POP QUIZ   Your elder widowed Father surprises you and remarries; for companionship, human contact, a cook and home helper, any of the above and they live happily for a number of years. 

Your Dad then pre deceases your New Step Mom..... 

Is she entitled to:

A) a Share of the will
B) Ongoing Support
C) Half the Matrimonial Home
D) Only what she brought with her

Ontario Canada Family Law Reform Act

How soon can you ask her leave the Family Home?

Do you need answers?   I can help.  Call me for an appointment.


  1. A friend of mine there mom passed away and dad soon after married the lady next door , dad never re did his will and dad passed away a short time after he married , the was was entitled to nothing not a pic not a dish not one penny , the court did rule she could keep everything in the home and any money , but the home was hers as long as she wanted to live in it and only on her death or she sold the family would be intilted to 50 per cent of the home , so with that said have that conversation with your parents ask what there wishes are put it in writing or your grandmothers china could be going to the house next door .....

  2. Best response was provided by Marc Simard, Simard & Associates

    Great question. After 20 years of practising law, the issue of blended relationships is going to become one of the most fertile areas of litigation in estate matters in the future.For lawyers it will become the gift that keeps on giving. An attempt to answer your straightforward question raises several claims in favor of the widow. The risk is that she will claim A, B, C and she will still get to keep her stuff in D. Such is the state of the law in Ontario. Since they were married, the surviving married spouse has 6 months from her husband's death to elect to take under the Will or the Equalization of their Net Family Properties as though they were living separate and apart at the time of your Dad's death. If the surviving married spouse chooses not to elect, she is deemed to have chosen under the terms of the Will. The married spouse is also entitled to claim that she was his dependent and can bring an application under Part V of the Succession Law Reform Act which freezes the entire estate until the court decides on the application. This application can take several years. If the Dad did not make "adequate provision" for his 2nd wife in his Will, the court will determine what the Dad should have done and will decide what the deceased should have provided for to his 2nd wife. The court's analysis will be based on a number of factors including their lifestyle and the means and needs of the parties. A properly drafted Cohabitation or Marriage Contract can go a long way to curtail such a claim not to mention the importance of a properly drafted Last Will with a lawyer who will actually take the time to consider the potential claims when drafting the Will.