How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ulysses101 Your Own Question
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3407
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
17441061
Type Your Canada Law Question Here...
Ulysses101 is online now
A new question is answered every 9 seconds

My spouse died recently. We are still legally married but

Customer Question

My spouse died recently. We are still legally married but with a seperation agreement that i signed without a lawyer representing me. This agreement states that I am no longer entitled to his pension etc. I didnt know exactly what i was signing. Anyway..he did not change his beneficiaries and i am sole beneficiary. Am i still entitled to it?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 4 months ago.

Hello, thank you for the question.

Yes, on the face of it you're still entitled to whatever he has left you under the will. Signed a waiver for his pension would have been under the property division rules as a result of the separation, not the will. This situation you're in happens more often than people realize.

If anyone contacts you about the will being invalidated by the separation agreement or by your separation, you need to see an estate lawyer right away if not sooner.

It's beyond my purview to give you a complete analysis here, you'll need to see a lawyer in person and have copies of both the will and the separation agreement with you. But for now, don't tell anyone that the separation agreement is invalid because it is valid until someone proves that it's not. For now, the will stands and you inherit.

Does that make sense? I'll wait for your question or comment. If I've answered you fully, may I please have a positive service rating? Ratings are how I get credit from the site for helping its customers. I'd really appreciate it.

Customer: replied 4 months ago.
There is no will that we are aware of.
Expert:  Ulysses101 replied 4 months ago.

I thought you wrote that he didn't change his beneficiary? So you're referring to his pension only?

If so, I think that you're entitled to the pension. You're not divorced yet, and under the agreement you gave up your claim against his pension as property division, not as a beneficiary or right of survivorship.

Does that make sense?

Expert:  Ulysses101 replied 4 months ago.

Anything else about this to discuss? I'm here.

Customer: replied 4 months ago.
I will soon..just going through the funeral right now...i may have more later. Give me a few days please...
Expert:  Ulysses101 replied 4 months ago.

Of course. Whenever you're ready.

Related Canada Law Questions