Legal Question in Wills and Trusts in Canada
estate and remarriage
My dad remarried 2 months before he died of terminal cancer. What happens to his estate? Does it all go to the new wife? There is no will. A proposal pre-nup was done but never signed because the retainer fee was taken out by the new wife unknowingly by husband. Is that legal? A copy of an existing will with the ex-wife still exists but she had passed away a year before.
1 Answer from Attorneys
Re: estate and remarriage
I'm not sure what your question is about the pre-marital agreement, but you should definitely see an attorney soon. Normally, without a new will/trust after the marriage, or other planning (this can include many things), the your father's new wife receives the other spouse's half of the community property (likely not very much here), and between one-third and one-half of his separate property, with the rest going to his children.
In most circumstances, the ex-spouses will usually not be entitled to anything.
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