Summary
In Alberta, if spouses are separated but not divorced, its crucial to update wills to reflect current wishes. If a spouse dies intestate, the estate is distributed according to the Wills and Succession Act, with the surviving spouse entitled to a preferential share. However, if spouses have lived apart for 3 years, they are considered separated, which may impact estate distribution, potentially favoring children or other beneficiaries. In British Columbia, intestate succession laws differ, with the spousal share depending on the presence of children from the marriage or other relationships. Its advisable to consult a lawyer to understand the specific implications of separation on estate distribution and to ensure that your estate planning reflects your current situation and intentions.Full Conversation
NO WHAT HAPPENS IF ONE OF US DIES BEFORE WE ARE ACTUAL;LY DIVORCED
If one spouse dies before the divorce is finalized in Alberta:
- Intestate Succession: If there is no will, the estate is distributed according to Alberta's intestate succession laws.
- Existing Will: If there is a will, the estate is distributed according to its terms.
- Dower Rights: The surviving spouse may still have dower rights to the property.
Have you consulted a lawyer about updating your will or understanding your rights?
SOO IF HE DIED AND HAD NO WILL BUT WE HAVE BEEN SEPERATED FOR * YRS WITHOUT DIVORCE WITH INTESTATCY I WOULD GET HALF AND OUR KIDS DIVIDE THE OTHER HALF UNLESS CONTESTED
In Alberta, if a person dies intestate (without a will) and they are still legally married, the estate is distributed according to the Wills and Succession Act:
- The surviving spouse is entitled to a preferential share of the estate (currently $*,*).
- The remaining estate is divided between the spouse and children.
Have you considered seeking legal advice to understand your rights and obligations fully?
IS THIS DIFFERENT IN BC
In British Columbia, the laws regarding intestate succession differ slightly from Alberta:
- Spousal Share: The surviving spouse is entitled to the first $*,* of the estate if there are children from the marriage, or $*,* if there are children from other relationships.
- Remaining Estate: The remainder is divided between the spouse and children.
Would you need more details on this?
ARE THERE PROVISIONS CHANGING THIS IN REGARDS TO LIVING APART * YRS BEFORE DFEATH
In Alberta, if spouses have been living apart for 3 years or more, they are considered "separated" for the purposes of the Wills and Succession Act. This may impact the distribution of the estate.
Have you looked into how this might specifically affect your situation?
HOW WOULD IT CHANGE IT
If spouses in Alberta have been living apart for 3 years or more, they are considered "separated" under the Wills and Succession Act. This could mean:
- The surviving spouse may not automatically inherit the preferential share of the estate.
- The distribution of the estate could be more favorable to the children or other beneficiaries.
Have you thought about consulting a lawyer to understand the specific impact of this on your situation?
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