Divorce Haven

Where There’s a Will…There’s a Way
Maggie Horsburgh • Mar 01, 2022

My husband and I recently had a bit of a health scare that prompted us to look at the business side of marriage – the Will.  Any conversations regarding Wills are challenging. The “what ifs” create interesting conversation.


We all recognize that having a Will and keeping it current is very important. The initial first round of writing a Will is where the difficulty comes in. It can be painful and emotional. It forces you to really look at the relationships in your life – like the ones that currently aren’t working, yet you long for them to correct. It forces you to look at your precious items of value – are they really that valuable?

You begin to envision a small gathering of anxiety ridden prospective beneficiaries all dressed in black, wailing in emotion and distress in a dark paneled office. Dainty handkerchiefs wipe away alligator tears, with one eye on an attorney who enters the room with the golden ticket – it’s the reading of the Will. The anticipation is palpable and in that elevated room of emotion, disappointment can set in when one finds out that they are left with an old smoking pipe of your grandfathers, and the balance of the enormous estate goes to a local charity. It’s the thing movies are made of!


Alas, our lives are probably not this exciting and we are not likely going to experience this sort of drama. Yet it does bring up the subject in such a way – do you know what the end of your life will look like for the family?

Comedian Jack Benny left a touching instruction in his will when he died in 1974. Every day after his death his wife received one long-stemmed red rose at her home for the rest of her life. She died in 1983.


Anthony Scott, in his last will and testament wrote: ‘To my first wife Sue, whom I always promised to mention in my will. Hello Sue!’


Sara Clarke of Bournmouth directed in her will: To my daughter, I leave $1 – for the kindness and love she has never shown me.


In today’s modern family, things can get messy. Especially if there are heirs and dependents from more than one relationship.


Imagine this scene: Divorced after 7 years of marriage and three children, you meet another who has three children from a previous marriage, and they become like your own. You remarry and have a child together, only to find out that it was a mistake - the end of the marriage is inevitable. Separated, but not divorced, you journey further down the road in life and meet another...your soulmate. Neither of your divorces are final, so you decide to live together in happy bliss.



Then life happens and it becomes clear that you have occasion to construct your Will. Imagine muddling through all of this – his children, her children, your children, and all the spouses! First ex, second spouse, and now a common-law spouse. So many people to consider… and so many opportunities for many to dispute your Will.

You won’t be around for the drama, yet protecting the ones you love is critical! You may be shocked to find out that there are legal changes that happened recently regarding Wills and POAs that might cause you to take this subject more seriously!


Being prepared is invaluable. The best advice I ever got from a lawyer was “you are better to make a bad decision, than no decision”. I’ve taken that to heart and I update my Will every five years.

Constructing a Will starts with who makes decisions on your behalf if you should become incapacitated. It’s called the Living Will. Should it be your sister or oldest child, current partner or will the ex have full authority? Who decides how you live out your last days?


Beyond the Living Will, who is beneficiary to your life insurance policy and pension accounts from previous employers? Who gets the RRSP’s, TFSA’s and Government pensions? If the beneficiaries don’t align with what is stated in your outdated Will, a judge may determine the final outcomes. It helps to get these things sorted out now, not later.



What about real estate holdings? Who keeps the house and the cottage? Does that depend on who is on title and in what capacity? Does it go to the estate or the co-habitant? How is the mortgage addressed?

Heinrich Heine, a poet from Germany, left his widow Mathilde all of his money under one condition: she could inherit it only if remarried. Heinrich explained his strange stipulation by saying “Because then, at least one man will regret my death.”


People have the freedom to make or not make a Will. They are also free to make or not make a beneficiary designation. When they separate or divorce but fail to update all aspects of their estate plan, this can have unfortunate and unintended consequences for their estate and their beneficiaries.



It is simply not sufficient to just update your Will. Good professional estate planning advice can help address these problems and ensuing litigation can frequently be avoided. So many things to consider but doing them now is important. If you don’t want everything to go to your ex, make sure you update your Will!

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Views expressed are my own. Please consult a lawyer for advice on legal matters.

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