What happens when someone dies after they have separated and
before they have divorced or settled the matrimonial property
issues? Does the death of one of the parties end the divorce
proceedings? How is the property divided? What can a
person going through a divorce do to ensure their soon-to-be former
spouse does not receive more than what was intended? These are
questions estate planners and family law lawyers are often asked.
This article provides a brief overview of how an estate could be
distributed if a party dies during divorce proceedings.
Archie married Veronica in 1989. The parties separated in
2017. At the time of their separation, they had two adult
children, Maggie (26) and Betty (24). Veronica commenced the
divorce proceedings by filing a Statement of Claim in
2017. In January of 2018, Archie updated his will. He
named his brother, Jughead, as the personal representative of his
estate and gave the remainder of his estate to his children,
