Legal Question in Wills and Trusts in Canada

life insurance

my father passed away last month .he did leave a will making me the sole recevier of his estate.however the life insurance policy which is through his work place has his ex-girlfriend listed as commonlaw because thats what my dad listed her as.because she listed as common law the company whats to send her information on his life insurance, benifits,etc...is she intitled to anything.should she receive information or money when shes not even part of is life. they have not been together for over two years. my dad. just never changed the information with his company.any information you could pass along would great. thank you. also is able to collect surviors benifits.


Asked on 3/28/06, 5:22 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: life insurance

As the named executor you have the right to CLAIM the insurance proceeds on the basis that they are part of the estate. You can advance the claim that the designated beneficiary was named in her capacity of commonlaw spouse and as that status is non-existent then the proceeds revert to the estate. I don't know what jurisdiction this claim is in so cannot comment on the specific provisions of the relevant Insurance Act however, you should get in touch with an estate litigation lawyer ASAP. You should know though that this is not an easy claim to win.

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Answered on 3/28/06, 7:53 pm


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