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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 9,017 of 10,932   
   Not Given to All   
   Ontario Estate Law & ex-wife   
   03 Jul 09 11:18:28   
   
   From: none@none.invalid   
      
   Scenario, Man dies intestate. Had a common-law wife for 16 years. Upon his   
   death his ex-wife grabs the estate (never files probate) files for his   
   Canada Pension (now before a review Tribunal, as CPP granted the common-law   
   the pension). The ex paints a lovely bit of fiction, how they were happily   
   married for 45 years (1964 until 2007). Common-law submitted about 100 pages   
   of verified documents to the Tribunal, the ex and daughters have submitted   
   600 pages of mainly non relevant materials.   
      
   Ex-Wife and daughters close his bank accounts a week before he dies to block   
   his common-law wife's access to money. A week before his death they consult   
   with his Ottawa Lawyer who offers them ways of getting the common-law out of   
   the picture. This is in an e-mail the ex submitted to the Tribunal. They   
   have submitted various wills, non of which are from the deceased. Example:   
   they presented the deceased a will that the oldest daughter is the executor   
   and beneficiary. Later she submits to him a changed version. They also   
   present a typed will that he signed on his "death bed"  two days before he   
   died (not his signature, and the fact he was terminally ill with cancer and   
   wasn't concious (verified by a hospital report)the last two weeks of his   
   life. And so on.   
      
   600 pages more or less painting Mom was happily married for 45 years. They   
   claim on one hand the common-law couple never lived together. Oh, right Mom   
   tossed Dad out of the house in 1989. They then provide a list of every where   
   the deceased lived since 1989, including a girl friend in Gatineau he had   
   from 1989-1991. But his common-law was just a quick fling (for 16 years???)   
   OK, happily married, but not together since 1989? That's what the tribunal   
   has been presented with.   
      
   Now the twist. The common-law looking for legal papers at the Ottawa Court   
   House (probate etc) found out this juicy tidbit. The ex-wife filed, and was   
   granted divorce in 1986! Somehow that fact was kept from Canada Pension, and   
   the Review Tribunal. IMHO, this was to hide the deceased assets. Now the   
   question, Ontario doesn't seem to protect a common-law wife in terms of an   
   Estate. Or is there a precedent that I may have missed that will support her   
   claim to the estate?   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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