The Importance of Wills for Single Parents: Safeguarding Your Children’s Future

As a single parent, ensuring your children are cared for after you’re gone is crucial. Without a Will, the fate of your assets and the guardianship of your children may not align with your wishes.

Here’s what you need to know:

Without a Will, Saskatchewan’s intestate succession laws determine how your assets are distributed. This could mean your surviving spouse receives everything, regardless of your current relationship status.

If you’re legally married and never divorced, separation doesn’t automatically negate your spouse’s claim to your estate. Even if you’ve been separated for years, your spouse may still inherit, potentially leaving less for your children.

Similarly, if you (the deceased person) have an unmarried partner with whom you’ve cohabited for over 2 years (or separated for less than 2 years), they could also make a claim against your estate.

Without a spouse as defined by intestate laws, funds left for your minor children would be managed by the Public Guardian and Trustee Office (PGTO). Other family members won’t have control over these funds, and their use will be restricted by the PGTO.

A Will allows you to appoint a legal guardian for your children. Without one, the court will decide their guardianship. If the other parent survives, regardless of involvement, they’ll likely become the legal guardian. If the other parent is deceased, one of your surviving family members can and will need to apply to the court to be appointed as your minor children’s legal guardian.

A Will ensures your children will benefit from the financial assets you leave behind. It dictates how assets are distributed and managed for their benefit, preventing disputes and uncertainty. By having a Will in place, single parents can protect their children’s well-being and ensure their wishes are honoured. Don’t leave their future to chance – consult with us today to secure your family’s tomorrow!

Disclaimer: This Blog is intended to provide readers with general information. Each client’s circumstances and legal solutions might vary. For further details, please reach out to us to learn more.