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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101445
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am having major surgery in 2 weeks and marriage on the out,

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I am having major surgery in 2 weeks and marriage on the out, want to do a new will leaving my half of the home and half the life insurance and all my rsps to my sons from my first marriage this case I know I need to change my will but do I have to serve husband with divorce papers as well in case I die . If a separation or divorce in process will this be able to be done to protect my kids
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

You don't have to serve your husband with divorce papers.

If you did the divorce process ends.

Whether you marriage ends in divorce or death, the law will treat the assets the same. And it doesn't matter if you were separated or not.

Unless there is a marriage contract, if you die your husband can elect to take under the Will or under the Family Law Act.

And do this means that at the end of the day, when all your assets are considered, your husband has to walk away with one half the value of the assets (asides from gifts and inheritances) that were brought into the marriage, less one half their debts and included as well is the increase in value of any assets brought into the marriage over the course of the marriage. The value of the current matrimonial home is shared no matter what.

The life insurance can be left to designated beneficiaries and should not form part of the estate.

Let me know if you need any further clarification.
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Customer: replied 4 years ago.

This means I cannot will my half of the house which we equally paid for. (No mortgage ) the life insurance we also equally pay for. I have more re
Rsp and a pension at work which he does not have. If I write a news will will my kids get what I worked for ie. house pension rsp. Or changing the will will still give him the whole house,life insurance ECt

If you are on title as joint tenants, the house will not form part of the estate but will pass to him if you die first, and vice versa.

You can leave you half to your sons if you are tenants-in-common. A lawyer can assist you in severing the joint tenant if you want to do so.

And you can write your Will as you see fit.

But as I've said if at the end of the day he will be left with less than he would get if you divorce essentially he can choose to get what he would get on a divorce.
Customer: replied 4 years ago.

stop emailing me and sending this info again an again it is a shared computer!!! I am done with you Thankyou