Wills and marriage after death.

P

PsychoBandito

New member
Disclamer: this story is retarded.

A friend of my wife is married and pregnant to a guy she barely knew and 20 years her senior.

In his will, everything goes to his brother.

Because they are married, is the will void?

I poked around online but lost patience and am just seeing if someone here has dealt with it. Legal references would be appreciated.
 
100% legal. It's a legal will and not void. There is a provision for "legal right " though, not 100% sure on that


She can challenge it in court but it's going to cost and in the end likely won't win. If the guy was of sound mind and judgment she has no ground to stand on

Are you sure the brother wasn't appointed executor of estate ? I've been through two estate issues ... In the end the lawyers make all the money
 
I have no idea any of the details surrounding it. Apprently every province except Quebec gives a bunch to the spouse, different amounts though.
 
Yea essentially she's been disinherited. Its up to the courts. Maybe this will help https://www.educaloi.qc.ca/en/capsules/dying-without-will

My cases had to do with a will not being changed before passing this screwing up the shares. Second case was no will and suddenly everyone started phoning in

I'd start by asking an attorney vs MR. There are some lawyers here that could lead you in the direction
 
All to his brother, nothing for the kid ?

That's a very nice person ! He can dislike the girl all he want but the kid ....
 
Boulard83 said:
All to his brother, nothing for the kid ?

That's a very nice person ! He can dislike the girl all he want but the kid ....
Click to expand...

Well, the guy is 20 years older than the wife he barely knows and the kid isn't here yet. So it's not unreasonable that an existing will that leaves everything to the brother is still in effect.
 
Gregster said:
100% legal. It's a legal will and not void. There is a provision for "legal right " though, not 100% sure on that


She can challenge it in court but it's going to cost and in the end likely won't win. If the guy was of sound mind and judgment she has no ground to stand on

Are you sure the brother wasn't appointed executor of estate ? I've been through two estate issues ... In the end the lawyers make all the money
Click to expand...

Marié = patrimoine familial


Also she will have a claim at the investment from the moment she got married


Sent from my iPhone using Tapatalk Pro
 
Spiter_01 said:
Where's broody when you need him?
Click to expand...
Je suis en prison à Mascouche, j'ai du attendre d'avoir envie d'aller aux toilettes avant de pouvoir poster.

Mais la règle de base est simple, quoi que le testament dise, on partage le patrimoine familial d'abord. Ensuite, on partage le régime de société d'acquets s'il y en a un. C'est le régime par défaut mais les conjoints peuvent avoir opté pour un régime de séparation de biens. Ensuite, on liquide la succession selon la volonté du testament.

Patrimoine familial pour un mariage récent donne pas grand chose, ex si la maison est payée avant le mariage, elle reste à monsieur. Société d'acquets c'est plus généreux pas mal.

Il y a des cas tricky. Exemple madame est riche, monsieur est pauvre. Monsieur meurt et dans son héritage il avait tout donné à sa maîtresse. Ben quand tu dissous le régime de société d'acquets, madame va devoir donner 50% de ses acquets à la succession du défunt = elle va faire vivre la maîtresse de monsieur!
 
You must log in or register to reply here.
Back
Top