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1/22/2009
VerifiedIt will depend on certain factors. For example, if there was a Separation Agreement there could be provisions in the agreement that deal with the estate or with life insurance. For example, the agreement could specify that the child be given a certain portion of the estate. Or, it could provide for life insurance and he doesn't have the life insurance then the estate would be subject to a claim.
Also, throughout Canada Courts are recognizing, under certain circumstances, adult children's rights to their parents' estates, even when they are excluded from the Will.
If your partner dies without a Will then the 25 year old has the same claim as your child.
I hope you do know that if he dies without a Will you do not inherit anything as a common law spouse in Ontario.
If you are concerned about being adequately protected your best bet would be to sit down with a family lawyer and talk about drawing up a cohabitation agreement. In Ontario common law spouses just don't have the same rights as legally married spouses and this is true about property issues as well as estate issues.
I hope that clarifies things.
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Also, throughout Canada Courts are recognizing, under certain circumstances, adult children's rights to their parents' estates, even when they are excluded from the Will.
If your partner dies without a Will then the 25 year old has the same claim as your child.
I hope you do know that if he dies without a Will you do not inherit anything as a common law spouse in Ontario.
If you are concerned about being adequately protected your best bet would be to sit down with a family lawyer and talk about drawing up a cohabitation agreement. In Ontario common law spouses just don't have the same rights as legally married spouses and this is true about property issues as well as estate issues.
I hope that clarifies things.
Please click accept so that I can receive credit for providing you with this information.
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