Will my children receive an inheritance if I get remarried?

If you’ve tied the knot again and want to leave an inheritance to your children from a previous marriage, don’t overlook the importance of having a will.

People who are divorced and have a new spouse or common-law partner often have children from a previous relationship.

Without proper estate planning, people on their second marriage may end up (inadvertently) disinheriting their children!

Property division between children and spouse

If a deceased person has a second spouse or common-law partner and dies without a will, Alberta’s Wills and Succession Act dictates how their property will be divided between the spouse and their children.

The Act provides that the deceased’s spouse or common-law partner will inherit the greater of:

  • 150,000 dollars, or
  • 50 percent of the net value of the estate.

The remainder of the estate – if any – will be divided between the deceased’s children.

This means that the deceased’s children may end up receiving a drastically smaller share than the second spouse, or in some cases, nothing at all.

Jointly owned home

A second marriage may also involve a jointly-owned home. 

When one spouse dies, the entire property will automatically pass to the surviving second spouse. The deceased’s intent to have his or her children inherit a share of the home could be upended.

create your estate plan

If you have a second spouse or common-law partner, it is critical to have a conversation about estate planning. 

Pure Legal can help you create a stress-free estate plan that ensures your wishes are carried out. Contact us today to schedule an appointment or view our estate planning price list.

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