Is a former wife's right to inherit the estate of her ex-husband when the husband dies?
Saskatchewan, Canada
The following excerpt is from Muth Estate v. Bushkowsky, 2009 SKQB 237 (CanLII):
In a more recent decision, Morrell Estate v. Robinson, [2008] N.S.J. No. 434 (N.S.S.C.) A.W.D., Pickup J. was asked to determine whether a former wife had waived and released her right to inherit under the Will of a former husband. They were married in 2001, the husband’s Will was made in 2002, and they were divorced in 2007. The separation agreement executed shortly after the divorce contained the following clause: 20 The parties hereby forever renounce and waive any claim in the estate of the other and any right to share in the estate of the other, whether such claim or right arises under statute or otherwise, including the right to administer the estate of the other in the event of the death of that party.
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