[Foxwoods]

Hi my mother inlaw has been divorced for about 23yrs... she has been with her new partner for about 20yrs... she recently passed away. Her will says that the house belongs entirely to her boys. My question, is her partner entitled to half the house although her will says no. Please note that we are canadians from Montreal. An answer asap would really be appreciated.

Thank U
Foxwookds

[N0help4u]

No since they were never married and the will does not include him he is not entitled to anything other than what he can prove is his own property.

[Fr_Chuck]

Nohelp, not so fast, in Canada, they have rules on common law marriage, not up on them exactly, but he may have a claim if he can prove by law they would be considered legally married.

But in general, no a boyfriend, live in, no matter how many years gets no special rights and would not get anything.

[N0help4u]

Oh I thought the will would over rule most anything unless he could prove he helped with payments.

[Fr_Chuck]

Well often while a husband or wife may be able to be wrote out, it has to be addressed, they often have to be left one dollar or something, in some cases, they can not be written out completely . Not sure which is the case, but if the will did not address them at all, and they can prove that common law marriage was valid ( not saying it was) but they may have grounds to contest the will.
This is of course why we have attorneys, if it was simple and black and white, we would not need them.

[N0help4u]

Yeah the one dollar idea is always the best to make your wishes known for sure.

[Fr_Chuck]

Of course be real smart and spend it all, don't have to worry about the banks closing, since you just owe them anyway. Don't have to worry about someone stealing it, you don't have it. And don't have to worry about what to leave, it is just bills anyway.
Course I always let them think there is a large life insurance policy, that way they all show up for funeral, the junk in house gets cleaned out when they look for the policy.