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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95855
Experience:  Lawyer
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If a person has a legal seperation and all assets were dispered

Customer Question

If a person has a legal seperation and all assets were dispered can a former wife, still legally married to that person? Time apart 19 yrs & common in law wife involved.
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.
There is a typo and perhaps some words are missing. Please review what you posted again and then clarify.Also please let me know the province.
Customer: replied 6 months ago.
Hi the province is British Columbia. The question was can a wife that is legally parted, be eligable to contest his will ? the previous assets were legally dispersed and they have been apart for 19 years. thanks.
Expert:  Legal Ease replied 6 months ago.
Anyone can contest the Will but she has no claim to his estate unless a separation agreement gave her this right or unless there was a breach of the agreement. For example, if the former spouse was to have life insurance for her and did not then she can successfully make a claim to the estate. Does that help?

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