What Happens If Your Dad Remarries?
Wait… Dad Got Remarried?! What Happens to Your Inheritance Now?
Your father has remarried—perhaps unexpectedly—and while you may still be processing the emotional aspects of this change (Was there a ceremony? Did they elope? Is she younger than you?), there’s a more practical concern that may also arise:
How does this impact your inheritance?
When your mother passed away, it may have felt natural and appropriate for your father to inherit everything. After all, you wanted him to be taken care of. But now that there’s a new spouse in the picture, those feelings may be more complex—especially when it comes to the family estate.
The Uncomfortable Truth: Your Inheritance May Be at Risk
Even if your father created a Will years ago that left everything to you and your siblings, that Will may no longer be the final word. Under British Columbia’s Wills, Estates and Succession Act (WESA), a surviving spouse has the legal right to challenge the Will in court. The court may agree to adjust the distribution if it believes the spouse has not been adequately provided for.
This is because all spouses—regardless of how recently they married—are legally entitled to a fair share of the estate. If your father’s Will does not account for his new spouse’s rights, the estate you anticipated could be significantly reduced. In other words, even if the intent was to divide the estate among children, that may not be what ultimately happens.
Blended Families and Estate Planning: A Legal Labyrinth
Blended families add further layers of complexity. For example, if your father inherited everything when your mother died, that seemed reasonable at the time. But now that he has remarried—possibly to someone with children of their own—the original estate plan may no longer align with your family’s expectations or legal realities.
Here’s an important point: Only biological and legally adopted children have the right to contest a Will. Stepchildren do not have the same legal standing unless they are adopted. This means that if your father leaves everything to his new spouse and she later passes away, her Will can direct assets however she chooses—even entirely outside your family line. And you likely won’t have legal grounds to challenge it.
How Can You Protect the Family’s Intentions?
One effective way to reduce uncertainty and potential disputes is to create a comprehensive written agreement between spouses. These agreements can outline:
- How property and debts will be divided upon separation or death
- Each spouse’s estate intentions, including provisions for children
However, it’s crucial to understand that even a written agreement may be challenged under WESA. That’s why expert legal advice is essential to ensure the agreement and any accompanying estate documents are enforceable.
Bottom Line: Don’t Leave It to Chance
If your family includes remarriages, blended households, common-law partnerships, or multiple sets of children, your estate plan needs to be carefully structured and legally sound.
Speak with an estate lawyer. Ensure your Will is up to date and reflects your current circumstances. And if your father hasn’t revisited his plan since the wedding, it might be wise to encourage him to do so—before legal entanglements rewrite more than just the guest list.
