Canada Family Law

Have a Canadian Family Law Question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

Canada Family Law

In Newfoundland and Labrador: Where there is a common law

Customer Question
In Newfoundland and Labrador: Where there...
In Newfoundland and Labrador:
Where there is a common law heterosexual relationship that has produced a child, (who at the time of death is an adult), and the male partner dies....is the surviving female partner considered to be the "next of kin" when the marital status of the deceased is "divorced" from his first and only legal wife; and there are two surviving adult children, who were both born in St. John's. Both of these children are older than the son aforementioned.
Thank you......SGG, Ontario, Canada
Submitted: 2 years ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 1 hour by:
10/22/2015
Family Lawyer: Legal Ease, Lawyer replied 2 years ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 102,192
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

When you say next of kin for what purpose is this?

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
For purposes of having sole access to documents left by the deceased and addressed"to the next of kin"
Customer reply replied 2 years ago
Or, by making the assumption to search his former workplace office, including his filing cabinetsIt appears that she has entered his Death Certificate marriage status as Married......which would infer that she is, in fact, next of kin.......but we, the members of his legal, first family, consider that his status should actually be declared as divorced..since none of us know of any second marriage....and she has admitted verbally that no such marriage did take place.
His two adult children from that first marriage are having to search for information, surrounding his death, his will, and his estate information.....if they are the next of kin, shouldn't they experience more inclusion?
Family Lawyer: Legal Ease, Lawyer replied 2 years ago

I understand.

In Newfoundland and Labrador, common law spouses do not have property rights nor do they have a estate rights.

That means that this common law spouse does not have any legal right with respect to any assets of the estate unless there is a will that provides these rights.

However, if there is a will it is the executor of the will who has all of the rights with respect to the state. It has nothing to do with next of kin. If there is no will then those that are going to be inheriting, which would be the biological children of the deceased, would be the appropriate ones to apply to the court to administer the estate.

Does that help?

Ask Your Own Canada Family Law Question
Customer reply replied 2 years ago
Not quite there yet!
We believe that there is a will....with only one beneficiary........but no Executor.....Can the biological children now apply to the court for the validity of the Will to be challenged?
Family Lawyer: Legal Ease, Lawyer replied 2 years ago

Yes. But the children need strong proof. It is very difficult to successfully contest the validity of the will.

The children have to prove either that the testator lacked testamentary capacity which means that the testator was not mentally competent to make decisions about finances. Or they have to prove that there is undue influence. That is often alleged but exceedingly difficult to prove.

The children should retain an experienced estate lawyer if iat all possible.

Ask Your Own Canada Family Law Question
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 102,192
102,192 Satisfied Customers
Experience: I am a practicing lawyer and have also been an online professional for 5 years.

Legal Ease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

102,192 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
If I am a director with voting ability in an Alberta company
If I am a director with voting ability in an Alberta company that has gone into receivership I think it best to resign. At this time there are no source deduction outstanding. That's all paid up. What… read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
Briefly, my son and his partner separated in February 2016.
Briefly, my son and his partner separated in February 2016. She walked out on the family. They have two children now 7.1/2 and 2.1/2 years. They share 50/50 custody at this time.. My ex daughter-in-la… read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
Do grandparents have legal rights to their grandchildren.
do grandparents have legal rights to their grandchildren … read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
If both parents are on the certificate, can my ex call the
If both parents are on the certificate, can my ex call the cops on me if I try to leave with my son?… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,092 satisfied customers
I intend to complete and file the following forms (Motion to
I intend to complete and file the following forms (Motion to Change ( No consent before service)) ie From 15, Form 15A and Form 13. After I file these how long do I have to serve the Lawyer of Record … read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
Here's the situation: My common law spouse and have have
Here's the situation: My common law spouse and have have recently moved provinces with our 2 children. We moved to be closer to his parents and for a business opportunity for him. We had a verbal agre… read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
This question is regarding my divorce from my wife. We have
This question is regarding my divorce from my wife. We have been separated for one year now she lives in British Columbia I live in Alberta. Our split is very amicable and we choose to make the arrang… read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
If the biological father already terminated his rights, step
If the biological father already terminated his rights, step dad is listed on the birth registration and birth certificate as being the biological father and child has step dads last name already, doe… read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
Story. I am actually not in a state. It is about getting my
Long story. JA: What state are you in? It matters because laws vary by location. Customer: I am actually not in a state. JA: Has anything been filed or reported? Customer: Yes. JA: Anything else you w… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,092 satisfied customers
My current girl friend is worried that my unpaid child
my current girl friend is worried that my unpaid child support to the mother of my children could affect her assets, is this true and how can i protect hr from this? … read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
I am 7 and a half months pregnant. I'd like to get custody
I am 7 and a half months pregnant. I'd like to get custody sorted out before my son is born. The father hasn't been involved with the pregnancy and does not have intention of being involved with the b… read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
My ex-husband has remarried and because his new wife is
please!! My ex-husband has remarried and because his new wife is earning $550,000 per year he decided to quit his job and has now filed an application in BC Supreme court to stop my support payments. … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,092 satisfied customers
I am in ontario, my girlfriend lost custody to the father of
i am in ontario, my girlfriend lost custody to the father of her child 5 years ago, she battled drug addiction since, the father got a court order and received full custody of her child and has aliena… read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
This question is relayed to my horrific experience with FRO
Hi Debra, this question is relayed to my horrific experience with FRO out of work time phone call.One month ago at 7:50 am (before FRO work hours) I received there phone calls (have phone log) from my… read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
Morning. I live in Alberta but my divorce order is in BC so
Morning Debra. I live in Alberta but my divorce order is in BC so me to and any affidavits can I do them in Alberta or BC only? Also the plaintiff has also just attached a change for child support on … read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
My ex husband pays child support, I am applying for the
My ex husband pays child support, I am applying for the support to be paid through RFO as I have reason to believe that he is selling all his assets and moving back out of Canada. In the interim, till… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,092 satisfied customers
One other question please, I am preparing the forms for
One other question please, I am preparing the forms for submitting Motion for change a court order, which I need to present to my ex husband's lawyer on Records, not not before 15 Dec. I have already … read more
Legal Ease
Legal Ease
Lawyer
102,192 satisfied customers
We have an Arbitration Award from January 2016 that we have
We have an Arbitration Award from January 2016 that we have been following when it comes to the schedule with the kids.In July of 2016, both parties mutually agreed to switch the children to the Schoo… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x