Quote:
Originally Posted by Wormius
Wouldn't the divorce agreement have taken care of her?
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I read the scenario as the wife doesn't know about the girlfriend.
Husband, runs around on wife, leaves everything to the girlfriend, wife (and kids) gets nothing.
I once heard a situation here in NS, where two people with adult children get married. The wife has an adult child with special needs which the couple take financial responsibility for (payment for the residency in the group home, etc).
Wife dies leaves everything to the husband, the husband continues to take care of the step-son with special needs.
Husband dies, but the will doesn't take into account the step-son, only his biological children.
Should the court step in and alter the will to provide for the step-son who the step-father was providing for?
Certainly.
Now in the case above, there was no malice, this was a scenario the couple didn't contemplate.
This why intentions when drafting a will are important, and a mechanism to ensure a level of fairness is needed.
Keep in mind overturning a will is incredibly difficult, and can only be done in select cases.