What is the legal right of a widow to the pension benefits…

You are not understanding my answer I don't think. The point that I said she needs a lawyer was offered after my explanation.

The point you are missing is that she cannot be disinherited. Regardless of the Will she has rights under the Family Law Act and the Will cannot affect those rights in any way.

No one can know what she's entitled to in terms of assets of the estates until a family lawyer reviews her assets and debts and his assets and debts. Nothing can be viewed in a vacuum.

Usually, in Ontario the way this works is that both spouses calculate what is called their net family property (sort of like net worth) and the person with the higher number pays the person with the lower number a payment (called an equalization payment) to make the two numbers equal.

Net family property is calculated by adding up assets and subtracting debts that are in the spouses name and then subtracting gifts, inheritances and any asset brought into the marriage, aside from the current matrimonial home if that was brought in.

It's very complex and you cannot ask about one asset because the assets are considered as a group or set.

In terms of the insurance and the pension, these are not part of the estate as she is a the designated beneficiary. She gets 100% of both of those.

The insurance will not factor in to the Net Family Property calculation but the pension will.

Does that help now? I know it's a bit complicated and that's why I was urging her to see a lawyer but that suggestion was only part of my answer.

The most important point you and she need to understand is that it doesn't matter that he tried to disinherit her. He cannot take away her rights.