CPABC in Focus July/August 2015 | Page 23

eelnosiva/iStock/Thinkstock Under WESA, however, pre-marriage Wills will remain valid, which means that a new spouse will have to launch a legal challenge in order to claim a share of their deceased spouse’s estate. On the downside, a successful Will challenge could ultimately cost the new spouse a lot of money; on the upside, any safeguards (i.e., trusts for minors or at-risk heirs) and contingency planning in a premarriage Will will remain in place. Moreover, a spouse who successfully challenges a premarriage Will may actually end up receiving a greater share of their late spouse’s estate than they would have received under an intestacy. The new process also allows the court to craft the best solution for the circumstances, rather than forcing the heirs to accept the inflexible formula that applies in the event of an intestacy. New provisions governing how assets are divided in a common disaster Under the old act, if spouses died simultaneously, the law presumed that the older person died first. This meant that unless the older spouse’s Will planne