Legal Question in Wills and Trusts in Canada

You really have several questions, and w will attempt to answer as best as possible without all of the necessary details.

Child Support: You are responsible to pay child support whether or not your wife goes to court to ask for it; the law is that you must pay. If you do not, then your estate is liable to pay after you die; child support is the right of your daughter and not of your wife. Your daughter, your wife or anyone else can make the application for support before or after you die. Thus it is irrelevant what your wife wants or does not want respecting child support. The right belongs to your daughter. As such, you should be paying now, and without a court order.

Joint Assets:

Who will get them on your death is dependant on what type of joint ownership you and your common-law wife have. Without looking at the formalities of ownership we can not give you any answer as to who is entitled to share them on your death.

CPP and Survivor Benefits:

We can not say for sure, but the one-time death benefit is payable to the estate for assistance with burial and other final costs. As to the survivor benefits, they are claimable by either your wife or common-law partner and who is entitled will depend on the Regulations; an application must be made before they will be paid. You have not givn enough information to make a determination. Orphan's benefits might be payable to our daughter - again these are her benefits, not your wife's or common-law partner's. She must apply for them. You have not givn enough information to make a determination of whether or not she qualifies.