A very good time to write or rewrite your will is after you have separated from your spouse or common law partner. If you have an existing will, it likely lists your spouse or partner as a significant or even sole beneficiary. This is great when you’re in love, but when the relationship is falling apart, you don’t necessarily want to leave everything to the person who took half the furniture and your favourite DVDs. Even if you die without a will, your spouse or partner may be entitled to a share (or all) of your assets under intestate succession legislation, such as the Intestate Succession Act in Alberta. Again, think of the DVDs you’ll never watch again and the favourite chair that’s gone forever because of this person.
All kidding aside, writing or rewriting a will isn’t about revenge as much as it’s about changing priorities. If you are single or separated and have children, you usually want your assets to go to your children. If you don’t have children, you probably want your assets to go to your parents, siblings, or nieces and nephews. You may still love your ex, but that love will surely diminish over time. That person will likely move on and find another spouse or have other children. If you leave something to your ex, there is a good chance you’ll be enriching his or her new partner and children to the detriment of people you care about.
That being said, if you have child or spousal support obligations, your estate may be liable to your ex for these obligations on your passing. Most wills have clauses about paying debts, taxes, etc. You may wish to consider specifically addressing ongoing support obligations in your will. At any rate, you’ll want to have a current will that reflects your current priorities.
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