Does Your Will Provide for Your Common-law Spouse?


Did your will give any property or support to your common-law spouse?

You can expect lawyers to challenge your estate plan if that amount is inadequate.

That’s the point I made during a recent call-in program on Wayne Baxter’s Right On the Money show for Zoomer radio, on February 27th.

Any time there is a court challenge, you can expect it will cost tens of thousands of dollars.

Revise Your Will or Pay More Later

Many estate cases with common-law spouses drag on for 5-6 years. They can cost clients $50,000. These costs must often be paid by the estate. When you add up the costs, you can see them double or triple if there are other players involved.

You will find the Kerr v. Baranow case has a lengthy examination of the law of unjust enrichment.