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Originally Posted by GP_Matt
Question, if you die without a will in Alberta does everything automatically transfer to your wife? I am thinking about a situation without children or a prenup where everything is in both names anyway.
I always hear that you should have a will, but have put it off with the intention of everything transferring between us and I don't really care what happens if we both die. If we both die would the families have to fight over things or is the default to split things between our respective estates and let them fight over the distribution of each half?
If this is stepping over the line of asking for free advice, feel free to let me know that I should just see a lawyer and get it done right.
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That's exactly the same situation I'm in, and I haven't dealt with it for the same reason. If my family can't agree to a reasonable split with her family in the event of both of us dying, then they don't deserve the money anyway, and it can all get spent on legals. In a first marriage with 100% joint assets and no children/dependents, it hasn't seemed like a big enough issue to justify getting off work early to sit down with a lawyer.
It's on the list, but has never happened. Probably should get to it, but just like de-icing the freezer, it never seems to happen
Edited to add: and actually, it looks like the new act referenced above covers me on that situation anyway:
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If two or more people die at or around the same time, the property is distributed as if each person died before the other. Previously, if two or more people died at about the same time, for property distribution purposes, the youngest was deemed to have survived.
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