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"We have been separated for over 25 years and I'd like my present spouse to inherit everything"
READ: Can you get survivor benefits from an ex-spouse?You mentioned you now have a companion of 20 years who is disabled. You may owe her support if you die before her. This can be the case even if you are not living together. Laws in many provinces can consider you to have a common law spouse. You must ask your lawyer about your specific legal obligations. You have options to deal with your support obligations. These can include providing for your current disabled companion with (1) domestic contracts (2) joint ownership of property (3) designating her as a beneficiary of some assets (4) setting up a trust in your will for her needs. Each province has different inheritance and support obligation laws for common law spouses. You can consider spousal or special trusts for your companion. This may well depend on her age, your estate value and your other beneficiaries. Ed Olkovich is a Toronto lawyer and certified specialist in Estate and Trusts Law
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