Sponsor Death

[abscott]

Excellent points. That is why I said to get a good lawyer and time is of the essence. This is not an immigration issue. And we don’t know what the prenup outlines (if it discusses his passing) or in what province the prenup was filed. Also prenup is more of a Canadian term, Canadian law uses the term ”marriage contract.” “Over-ride” may be a strong word but since the spouse was retired, I would hope the prenuptial would have outlined what would happen in the event of the passing of a spouse especially when it is a second marriage (with step-children) and there are adult children from the first spouse. Same with any insurance policies, as it is important to name a beneficiary. And many people don’t name a beneficiary.

Using Ontario Family Law Act as an example, section 52(10) outlines Marriage Contracts. It states,

52 (1) Two persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death.

A surviving spouse could be excluded under the deceased’s will. However, it has to be proven that the marriage contract can be set aside [section 56(4)].

Setting aside domestic contract

56 (4) A court may, on application, set aside a domestic contract or a provision in it,

(a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

(b) if a party did not understand the nature or consequences of the domestic contract; or

(c) otherwise in accordance with the law of contract. R.S.O. 1990, c. F.3, s. 56 (4).

HERE is the issue, you only have six months from the date of death [section 6(10) FLA] to file.

Again we are “guessing” on little information.

https://www.ontario.ca/laws/statute/90f03#BK61

Hi,

With all these info you gave me which I am very grateful for, I have only these questions in my mind, that if we(my children and I)were removed already from the will, with our valid marriage contract, do I have the right on anything that he had before he died? If everything or all his assets had been transferred to the children, therefore I don't t have anything to claim, or any right to ask for anything to claim as a surviving spouse, right?

 

[abscott]

First, get a lawyer. You said you have a prenuptial agreement so that may “over-ride” the will in many situations. You get a lawyer, show the prenup and challenge the estate/will. How old are your children? As for Canadian survivor benefits under CPP, did your husband legally adopt your sons? Did your husband financially support your children and live with him full-time? If he didn’t they may not entitled to benefits. See below. Again get a lawyer and don’t rely on a forum. Not sure what schooling has to do with benefits. You need to fill out the link for survivor benefits.

https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-survivor-pension.html

To be eligible, the child must be:

• the natural child of the contributor
• a child adopted “legally" or "in fact" by the contributor while under the age of 21
• a child "legally" or "in fact" in the custody and control of the contributor while under the age of 21

Hello, I don't have a copy of the pre-nuptial agreement even the one I signed it was with him. I just saw it when he changed the will so that me and his 2 other children from his 1st spouse should have equal share. There I had known that even if the will is changed the pre-nuptial agreement is always carried over to the new will. My son is only an accompanying child 2015 when we applied as he was 15 yrs old, but he signed the Sponsor Undertaking which he did not fulfill when he sent my son to the Philippines to study. I never asked for support from him until my son finished college. We were separated by then because I need to work to save money for my fare in going back to Canada and at the same time support my child in college. We lost contact with him due to his children's decision, until the time I went back last 2019, my son came back in 20202, when we found out he was in a hospital due to alzheimer's but we never had the chance to visit due to the pandemic. It was only last month we had seen in Toronto star he died already.I don't have the guts to go for the will because I don't know what to do.

 

[YVR123]

Hello, I don't have a copy of the pre-nuptial agreement even the one I signed it was with him. I just saw it when he changed the will so that me and his 2 other children from his 1st spouse should have equal share. There I had known that even if the will is changed the pre-nuptial agreement is always carried over to the new will. My son is only an accompanying child 2015 when we applied as he was 15 yrs old, but he signed the Sponsor Undertaking which he did not fulfill when he sent my son to the Philippines to study. I never asked for support from him until my son finished college. We were separated by then because I need to work to save money for my fare in going back to Canada and at the same time support my child in college. We lost contact with him due to his children's decision, until the time I went back last 2019, my son came back in 20202, when we found out he was in a hospital due to alzheimer's but we never had the chance to visit due to the pandemic. It was only last month we had seen in Toronto star he died already.I don't have the guts to go for the will because I don't know what to do.

As replied. You are not facing any immigration issue. You should contact a lawyer. And it may be hard if you do not have a copy of pre-nuptial agreement.

 

[scylla]

Hello, I don't have a copy of the pre-nuptial agreement even the one I signed it was with him. I just saw it when he changed the will so that me and his 2 other children from his 1st spouse should have equal share. There I had known that even if the will is changed the pre-nuptial agreement is always carried over to the new will. My son is only an accompanying child 2015 when we applied as he was 15 yrs old, but he signed the Sponsor Undertaking which he did not fulfill when he sent my son to the Philippines to study. I never asked for support from him until my son finished college. We were separated by then because I need to work to save money for my fare in going back to Canada and at the same time support my child in college. We lost contact with him due to his children's decision, until the time I went back last 2019, my son came back in 20202, when we found out he was in a hospital due to alzheimer's but we never had the chance to visit due to the pandemic. It was only last month we had seen in Toronto star he died already.I don't have the guts to go for the will because I don't know what to do.

You need a lawyer.