Wills, Powers of Attorney and Some Other Items to consider when you separate

When you separate from your spouse there are many everyday issues that need to be addressed that may not be on the top of your mind.

Wills
If you executed a will during your marriage, you may want to review the will and execute a new will if your current will does not reflect your current wishes. If you have appointed your spouse as your executor/estate trustee in your will, you may want to consider changing the appointment to someone else you trust.

If you do not have a will, you may want to consider executing one after separating from your spouse. Under Ontario’s succession law, Succession Law Reform Act, if you die without a will certain rules (called intestate succession) will apply for the distribution of your estate. If you are separated but not divorced from your spouse, your spouse may inherit some or all of your estate.

If you have executed a will prior to your marriage but did not execute a new will after your marriage, you may also want to consider executing a new will. A will that does not contemplate an upcoming marriage may be revoked by the marriage, leaving you without a will.

Powers of Attorney
If you have previously executed a Continuing Power of Attorney for Property or a Power of Attorney for Personal Care, appointing your spouse as attorney of property/personal care, you may want to look into revoking it or appointing another person to be your Attorney of Property/Personal Care. Recall all the Power of Attorney documents you may have signed, whether they were prepared by you, your spouse, a bank or a lawyer.

The Ontario Health Care Consent Act, 1996 section 20 provides that if you are incapable of making a health care treatment decision (e.g. you’re in a coma), certain individuals can give or refuse consent for health care treatment on your behalf. These individuals are listed by rank in section 20 of the Health Care Consent Act, 1996. If you do not have a guardian of person with the authority to make treatment decisions, then a person who you appointed your attorney for personal care with authority to make treatment decisions may be able to give or refuse consent for health care treatment.

Beneficiary Designations
If you have designated your spouse as a beneficiary on any life insurance policies and Registered Retirement Savings Plans (RRSPs), you may want to consider changing it to someone else. Speak to your legal counsel before changing your life insurance policy.

Emergency Contacts
If you have listed your spouse as an emergency contact with various institutions, you may consider changing your contact to someone else.