Estate Planning Issues Related to Divorce

Individuals who are married and are considering separation should review their estate plans. Often, wills and other estate planning documents no longer reflect the wishes of the spouses moving forward toward separation and divorce.

At Quay Law Centre, our lawyers are experienced in all matters related to separation, and we can protect your interests, your assets and your wishes.

Estate plans become critically important when a couple has separated and one party dies before the divorce is finalized. Many questions can arise regarding which assets should go to the estate and which should pass to the spouse.

Under British Columbia’s Wills, Estates and Succession Act (WESA), if the parties are separated and one party dies without leaving a will, the survivor has no legitimate claim to the estate of the other. If the deceased party has a will, the surviving former spouse may still be entitled under the terms of the will to a distribution.

If your spouse has a health problem or a problem with drinking or drug use and you are considering separation, we may encourage you to obtain interim orders to establish your rights, should the other person die during the separation period.

A New Will on Separation

On separation, both spouses need advice regarding their wills to protect themselves and their children. Without a new or updated will, your assets and custody of your children will likely go to your ex-spouse, should you die before the divorce is finalized.

To arrange a consultation with a knowledgeable lawyer, please contact Quay Law Centre online, or call 604-527-1161. From our multiple offices, we represent clients in the Metro-Vancouver area, including Surrey, Fraser Valley, Tri-Cities, Burnaby, Kelowna, and any other area throughout B.C., Canada and internationally.