Dead soldier’s pregnant fiancee banned from home on base

[Colin Parkinson]

You think that would help?

It will help some, but never all

 

[mariomike]

My wife (as a lawyer) says the government needs to hand out a pamphlet when you apply for a marriage licence laying out the legal issues involved and the steps to take.

Along with this? 

 

[Colin Parkinson]

pretty much, you don't need to understand just grunt at the appropriate time.

 

[CountDC]

Not a family law expert, but I found this interesting,

Marriage makes a will null and void
http://business.financialpost.com/personal-finance/retirement/inheritance/marriage-makes-a-will-null-and-void

As always,  a lawyer is your most trusted source of family law information.

Yep - most certainly interesting.  Be interesting to know how that played out for them and how long it took as the member either lived in Ottawa or Gatineau (NCR).   

 

[cupper]

You think that would help?

Might even give you second thoughts. 

 

[Scoobie Newbie]

:Bday Dancer:

 

[FJAG]

Worse case I have heard of was when the will was never updated so everything was left to the ex-wife leaving the current wife with nothing.  Absolutely important to ensure updated and should be checked every year when conducting ORV/ARV/DAG or which ever term you prefer to use for it.  Should be updated when you move too so the will has your spouses correct address on it.

That's not correct. As others have pointed out a new marriage revokes the old will.

Note too that estate law varies from province to province but most provinces also have a provision similar to this one from Ontario:

"Revocation, change in circumstances
17. (1) Subject to subsection (2), a will is not revoked by presumption of an intention to revoke it on the ground of a change in circumstances.
Exception on termination of marriage
(2) Except when a contrary intention appears by the will, where, after the testator makes a will, his or her marriage is terminated by a judgment absolute of divorce or is declared a nullity,
(a) a devise or bequest of a beneficial interest in property to his or her former spouse;
(b) an appointment of his or her former spouse as executor or trustee; and
(c) the conferring of a general or special power of appointment on his or her former spouse,
are revoked and the will shall be construed as if the former spouse had predeceased the testator.  R.S.O. 1990, c. S.26, s. 17."

:cheers:

 

[dapaterson]

More likely is the case where the individual never divorces the ex ("too expensive!"), begins a common law relationship, and then dies and leaves behind a mess.  Or never changes beneficiaries on insurance policies etc after a divorce, through oversight, negligence or sloth, and then leaves the new spouse with nothing.

Lots of ways for things to go wrong...

 

[The Bread Guy]

More likely is the case where the individual never divorces the ex ("too expensive!"), begins a common law relationship, and then dies and leaves behind a mess. 

I've seen that variant - not pretty, indeed, when the partner can't get her stuff out of the shared place without permission from the long-ex-wife.