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Who gets the money?


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Davaoeno

my dad just died last June, no will. I am his only son, his separated wife gets everything of value...almost 800,000cad, I get a kick in the ass and a year of trying to figure out how to get over this gnawing resentment that has really has been debilitating.

 

as they say you cant cure stupid.  My father had a will leaving the house to the kids. Then he got remarried and died a couple of years later .   He didnt do a new will . In Canada marriage invalidates all existing wills.  So his new wife claimed everything.   A non judicial remedy helped with the situation. 

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For anybody who doesn't have a will, this should be a wake-up call. Go to a lawyer and have a will drawn up. Even better, have the identical will drawn up both here and in your home country. Wills dra

Two guys on a scooter?

His wife left him over a year prior to his death, served him papers and he vowed to hide and or burn everything before she got it. its not about owing your child anything, its about having your shit

ellenbrook2001

a did drawn another will in AUSTRALIA last February  all in order but do i have too drawn one here also ??????? the AUSSIE wont recognized even the same one you know how bureaucracy those days????????????

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Davaoeno

a did drawn another will in AUSTRALIA last February  all in order but do i have too drawn one here also ??????? the AUSSIE wont recognized even the same one you know how bureaucracy those days????????????

 

 

have to ? no .  Recommend that you do ? for sure 

 

My Canadian will is on file with the PRA

 

dont do your own will here - the rules are different

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Canuck Joe

as they say you cant cure stupid.  My father had a will leaving the house to the kids. Then he got remarried and died a couple of years later .   He didnt do a new will . In Canada marriage invalidates all existing wills.  So his new wife claimed everything.   A non judicial remedy helped with the situation. 

it seems there is no cure for stupid....or the incredibly selfish effects of alcoholism, that me and my bio mom had to live through long before the second wife.

 

Similar situation to me.....you would think the woman would toss me a bone. Not sure how she can sleep at night.

 

 

anyway...boo who I have to just try to forget.

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ellenbrook2001

have to ? no .  Recommend that you do ? for sure 

 

My Canadian will is on file with the PRA

 

dont do your own will here - the rules are different

 

i do have my own will here with me but my lawyer in AUSTRALIA with my daughter are aware of my new wife too be so all will be divided by 3 my lawyer did assure me all will be respected has my wishes cannot be contested the money will be in 30 days dispatch too the beneficiary for my future new wife money will be send too her bank account ,in the Philippines ..

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Davaoeno

Ellenbrook- you said " i do have my own will here with me but my lawyer in AUSTRALIA with my daughter are aware of my new wife too be so all will be divided by 3 my lawyer did assure me all will be respected has my wishes cannot be contested"

 

 This from an Australian law firm:

 

 

Marriage generally revokes a will and the will therefore becomes inoperative. This means that if the testator (the person who creates the will) does not make a new will after marriage, he or she will die intestate (without a valid will) and his or her estate will be distributed according to intestacy rules rather than pursuant to his or her wishes. 

However, there are two circumstances in which a will won’t be revoked after marriage. 

The first is where the will was made in exercise of a “power of appointment” (a sometimes complex situation regarding trusts – seek advice from a legal practitioner regarding this point).  

The second circumstance is where the will was created in contemplation of marriage.

Regarding the second circumstance, this means that the testator makes it clear in the will that they do not wish for it to be revoked after marriage. The testator has two options: either make the will valid only after marriage, or make the will take effect immediately and not be revoked after marriage or if marriage does not occur.  

It is recommended, though not required, that a statement be inserted into the will showing the testator’s intentions and confirming that the marriage is contemplated.  It is advisable to seek legal advice from a qualified legal practitioner to ensure these provisions are drafted appropriately. 

 

i do have my own will here with me but my lawyer in AUSTRALIA with my daughter are aware of my new wife too be so all will be divided by 3 my lawyer did assure me all will be respected has my wishes cannot be contested the money will be in 30 days dispatch too the beneficiary for my future new wife money will be send too her bank account ,in the Philippines ..

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SkyMan

 

A non judicial remedy helped with the situation.

Two guys on a scooter?
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Davaoeno

Two guys on a scooter?

 

 

hahaha   actually Harleys .   And a polite request from the Sergeant of Arms  [dressed  in full colors ]

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towboat72

He'd have made it a joint account if he wanted her to have it.

 

Im thinking he is like most of us.just never got around to  changing the acct  to both names.

 

we are bullet proof you know.

 

I think every day I think of some thing that I need to get done but it just takes forever

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Edwin

my dad just died last June, no will. I am his only son, his separated wife gets everything of value...almost 800,000cad, I get a kick in the ass and a year of trying to figure out how to get over this gnawing resentment that has really has been debilitating.

Too bad he didn't make out a will leaving everything to his wife. Then you would know he already raised you and now he is taking care of her by choice.

 

No offense meant to you but a man owes his grown children nothing.

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Canuck Joe

Too bad he didn't make out a will leaving everything to his wife. Then you would know he already raised you and now he is taking care of her by choice.No offense meant to you but a man owes his grown children nothing.

His wife left him over a year prior to his death, served him papers and he vowed to hide and or burn everything before she got it.

its not about owing your child anything, its about having your shit in order to minimise confusion and hardship of the ones you selfish leave behind.

 

Aside from that he owes me much more than just having his life in order before he drank himself death.

So your comments really don't apply at all to this situation. No offense.

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JSL-USMC

Two guys on a scooter?

One guy drives, so what does the other one do? How does that effect the will?

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shadow

One guy drives, so what does the other one do? How does that effect the will?

The other one rides shotgun, errr, .45 in the Philippines.

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JSL-USMC

The other one rides shotgun, errr, .45 in the Philippines.

Oh my...You don't mean...?

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