Family Support Payments and Estate Planning

When working with a client who has been or is in the process of separating from a spouse or common law partner, I always ask to see any separation agreement or court order that they have when advising them on their estate planning.

I do this for several reasons but one is to determine if child or spousal support payments will continue to be an obligation owed by my client’s estate after they die or if their estate could be entitled to receive continued support payments for a period after their death. The details of these scenarios will typically be set out in the family law agreement or court order.

The details contained in the family law agreements or court orders result in me assisting my payor clients to ensure that funds will be made available to continue to make those support payments should they die while the support obligation remains in effect. On the other side of things, when I work with the recipient client we discuss how to effectively plan for the payments or assets that they will be receiving.

It is incorrect to assume that spousal and child support payments automatically terminate at death so speak with an estate planning advisor who can explain your rights and obligations in this context.

Our estate planning lawyers at Harper Grey LLP can assist you with these important decisions as well as all other estate related matters. Reach out to us today.