What Happens Legally After Your Partner Dies?

by Ruth Pradzynski

The loss of a spouse or partner can be devastating, both emotionally and financially, but there are things the two of you can do in advance to make this difficult transition easier.  

What can we do to plan?

• Make sure your wills, powers of attorney and health care directives are up to date, and in line with your wishes. 
• Review your investments with your financial advisor and make sure your beneficiary designations are current.
• Create a list of your bank accounts and financial investments.
• Make a list of the people who need to be advised in the event of death, together with their contact information. 
• Discuss your wishes in relation to your funeral or memorial service, and ideally, pre-plan and pay for it.
• Arrange to put assets into your joint names, both to facilitate and reduce the costs of probate. (Anything in joint names, or with a named beneficiary does not have to pay probate costs). 

Immediately after death: 

After death, normally the body is removed to a funeral home.  If your partner wishes cremation, that can also be arranged directly from the hospital, at considerable savings. 

Arrange to have someone close to the family (likely not the widow or widower) contact friends and family members and notify them of the death and funeral arrangements. 

Funeral arrangements:

If your partner has pre-arranged and paid for funeral and memorial services, this will save considerably on costs and emotional turmoil within the family.  

The funeral home will assist with providing Death certificates, and application for the CPP Death benefit, a one-time lump sum of $2,500. Obtain several certified death certificates.  These will be needed in terms of all the bank accounts and investments of the deceased.  

Legal issues:

The lawyer will assist the Executor with obtaining Probate through the Court (if there is a will) or Letters of Administration (if there is no will.)  Assets with named beneficiaries do not go through Probate but are sent directly to the named beneficiary.  

For example, If your spouse has a life insurance policy, the claim is filed directly with the insurer.  Retirement accounts are also transferred to named beneficiaries.  Spouses often have special roll-over options in relation to pensions.  

The Power of Attorney is no longer valid upon death. 

Banks typically freeze accounts solely in the name of the deceased, although they will permit payment of funeral expenses, and probate costs.  Joint accounts are not frozen and typically remain accessible.  

Joint assets (such as joint bank accounts) transfer immediately to the surviving partner.  

But Real Estate in joint names requires transfer through Land Titles with a Surviving Joint Tenant application. and a Vital Statistics Death Certificate. This should be done immediately, not left in limbo. 

These are things A.R.E. Law would be happy to assist with .

Emotional issues:

The biggest issues are grief, that often comes in waves, changes of identity from spouse to widow or widower, loneliness and disruption of routine, and financial anxiety.  This is where family support is key during this difficult transition. 

When things settle down, it’s important to review your estate plan, to make needed changes for the transfer to the next generation.  

Ruth Pradzynski is 

A lawyer with ARE law

In Regina, Saskatchewan