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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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