In Ontario Canada if your fathers Will states that on the death of my son the wife of my son shall be paid from my estate and your wife divorced you would she still benefit from your fathers will?

Answer 1

If you are talking about your daughter-in-law (your son's wife) and your father left specific instructions in his Will it will go to Probate first (to be sure all taxes and creditors are paid first as well as any property taxes) and only then can the remains of the Estate be executed by the instructions of the Will. Example: If you were left 1/2 of any monies or properties of your father's Estate and the other 1/2 went to your daughter-in-law then yes, she is entitled. If she has divorced your son this shouldn't matter if the Will said, "My daughter-in-law Mary Smith is to receive 50% of my total Estate upon my death" then she should get what is due her. That is why Wills are left. Although you may not agree the deceased has made up a Will according to THEIR wishes and they should be followed to the letter. Since you and your wife are divorced it depends upon when you got the divorce. If your father passed away before the divorce then yes, 1/2 of everything is hers as well and that will be included between both your lawyers. If he passed away AFTER your divorce then legally (unless she takes it to court and a judge decides) she is NOT entitled to 1/2 of the Estate, but, if you have any children that are minors she could well get a percentage of what monies you were left from your father's Will. This also includes if your son and daughter-in-law divorced.