A Real-Life Horror Story – He Died Without a Will

Once upon a time, in a land not too far from were you are reading this here in Nova Scotia, there lived a kind man. When he was young, he married. A few years later he realized the marriage was a mistake and he separated from his wife. However, divorce is expensive and their separation was agreeable so they never went through with any formal paperwork. Time went on, and the man met another women who he fell in love with. She too was still married to her husband from an earlier chapter in her life. They moved in together and had one child. Collectively, their family now had five children because he has two children from his previous marriage and she had two from hers. Life was grand, but then he died.

He did not have a Will, so this meant all of his assets would be divided under the piece of Nova Scotia law called the Intestate Succession Act. The act says how your assets will be divided if you die without a Will. In this case the “preferential share” of $50,000 of his assets will go to his legal spouse- remember the women he married when he was young. The other assets would be divided amongst his surviving children. In this case that would be his two children from his first marriage and his third child with his current partner. His current partner’s two children, who lived with them and whom he raised as his own children would get nothing. His current partner and love of his life would also get nothing. To make matters worse, because his two children from his first marriage are minors, they can’t hold money themselves, so their mother (his ex) would hold the money in trust for them.

Had you asked the man, he would have said he wanted all his assets to go to his current partner and for her to use the money to care for herself and their five children collectively. However, because he did not have a Will, she was left holding only 15% of his assets, but they are held in trust for the benefit for their child.

In theory, his current partner could make an application in court for “constructive trust”. However, both parties were of modest means so any money she would inherit would be chewed up by legal fees fighting to obtain it.

This sad story is hypothetical, but in real life very similar stories play out across Nova Scotia every day. If you do not have a Will, at least do your homework and review the provisions of the Intestate Succession Act to understand how your estate assets would be divided upon your death.

For many of us, the default under the Intestate Succession Act does not come close to our actual wishes. If you have been putting off doing your estate planning check out our blog “What Do I Have To Do Before I Draft My Will & Estate Planning Documents” and you will see it is a quick and painless process. For pricing details, you can visit our “fees” page.

If you have more questions about the Probate Process in Nova Scotia or how to Administer an Estate if you the executor or personal representative, check out our other blogs on the topic:

DO I NEED TO PROBATE MY ESTATE?

WHO GETS IT WHEN YOUR GONE? DEALING WITH YOUR HOME IN NOVA SCOTIA WHEN YOU PASS AWAY

WILL THE PUBLIC TRUSTEE IN NOVA SCOTIA HELP ME PROBATE AN ESTATE?

HOW DO I KNOW IF A NOVA SCOTIA ESTATE REQUIRES PROBATE?

WHAT HAPPENS TO MY HOUSE IF I DIE WITHOUT A WILL IN NOVA SCOTIA?

WHAT IS PROBATE IN NOVA SCOTIA?

If you have any questions about dying without a Will you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.  

By: Dianna M. Rievaj, MBA, LLB - Founding Lawyer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers