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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3531
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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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: 10 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 10 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 10 months ago.
There is no will that we are aware of.
Expert:  Ulysses101 replied 10 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 10 months ago.

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

Customer: replied 10 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 10 months ago.

Of course. Whenever you're ready.