The parties in Kachur Estate v Kachur, 2021 ABCA 343, were given a substantial estate by their brother, Walter Kachur, worth over $1.4 million gross, before they began to fight over it. By the end, the courts pleaded with the parties to stop their fighting, stating, “The bleeding has to stop.”
A former spouse may be entitled to your property after you die if their name remains on title. Of course, the best approach would be to remove their name from title.
As practitioners in this area, we try to highlight evidence of intention. We often advise clients to be clear in the terms of their Will, what their intentions are with regard to specific assets and/or beneficiaries.