Is your spouse protected?

Did you know that without a will, a de facto spouse (i.e., a person to whom you are not legally married) would never be considered an heir, even if you had children with this person and even if this person had been your life partner for many years?

Did you know that, without a will, even a spouse to whom you are legally married does not have the right to all of your property if you have children or grandchildren? In this case, your spouse would only have the right to one third of your succession. In the blink of an eye, your spouse could find him- or herself as part owner, along with your children, of the property that belonged to you prior to your death.

Without a will, if you are legally married, have no natural or adopted children, and your mother or father is still alive at the time of your death, your spouse will have the right to only two thirds of your property, the other third going to your parent(s). For example, this means that included in the division of property between your parents and your spouse will be RRSPs on which your spouse depends for retirement.

The rules of legal devolution could hold other nasty surprises. For the benefit of your spouse and the ones you hold dear, it is important to make a will, no matter how old you are and regardless of the quantity or value of your possessions. Think of those who are left behind when you die. Your notary can also give you advice on how to provide for split or blended families and children from previous unions.