What happens if your spouse dies with an old Will leaving everything to his or her ex?
August 5, 2020
Gemma Charlton
Legal Moment
Legal Moment on Country 104
Transcript
| [phone ringing] | |
| Receptionist: | Cohen Highley |
| Announcer: | And now the Cohen Highley Legal Moment on Country 104 |
| Announcer: | I’m with Gemma Charlton from Cohen Highley Lawyers. What happens if your spouse dies with an old Will leaving everything to his or her ex? |
| Gemma Charlton: | Unless made in contemplation of your marriage, any prior Will is automatically revoked when you marry and will be invalid on your spouse’s death. The amount of the estate you receive will then depend upon the number, if any, of children your spouse had. |
| Announcer: | So the ex won’t receive anything? |
| Gemma Charlton: | Not necessarily. If your spouse had a duty to support his ex spouse, this must be paid before the beneficiaries, including you. |
| Announcer: | And if you are in a common law relationship? |
| Gemma Charlton: | If your common law spouse was not yet divorced, his or her ex spouse would be entitled to inherit under the Will. If they were divorced, any gifts to his or her ex spouse would be revoked and their estate would be distributed in accordance with the rest of the Will. |
| Announcer | Thank you, Gemma. This has been the Cohen Highley legal moment. |
| [Music] | |
| Singers: | Cohen Highley, we’re listening. cohenhighley.com |
