# Dead soldier’s pregnant fiancee banned from home on base



## CountDC (2 Jun 2016)

(Link to he who shall not be named removed)

Another case of military protocol frustrating family members.


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## jollyjacktar (2 Jun 2016)

And making the organization come across as bunch of heartless assholes as well in the bargain.


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## mariomike (2 Jun 2016)

Deceased CF member’s family says base won’t let them retrieve belongings 
http://atlantic.ctvnews.ca/deceased-cf-member-s-family-says-base-won-t-let-them-retrieve-belongings-1.2925621
The family of a Canadian Forces member who recently died says they are being prevented from entering his home to retrieve his pregnant fiancée’s belongings.

Pte. Tyrell Vail died last week of a heart attack while stationed at 14 Wing Greenwood. Following a memorial service on Monday, the family wanted to enter his PMQ on the base to retrieve baby items belonging to his fiancée, Sienna Potter.

"CTV’s Mike Cameron explains"


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## gryphonv (2 Jun 2016)

This is horrible. He is a friend of mine from a few years back, we haven't stayed in recent contact... but wow I'm speechless...


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## Colin Parkinson (3 Jun 2016)

While I understand the legal dilemma the Forces are in, there are ways to deal with such things in rational way. If we are dealing with minor items, then 2 members collecting items on a list or an escorted visit to get those items. If the items requested are significant, then I can understand the Forces position. Updated wills and paperwork are important if you don't want to put your loved ones through an expensive grinder.


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## tree hugger (3 Jun 2016)

I'm willing to bet there is much more to this story ie. member probably didn't have her added as an occupant on his house file....


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## PuckChaser (3 Jun 2016)

Or wasn't listed as NOK. Lesson to troops everywhere to get your paperwork together, anything could happen anytime.


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## CountDC (3 Jun 2016)

that was information contained in the original link I posted.  She wasn't added so not listed as a tenant.  If she had been listed this issue wouldn't be there.  instead she would have been given a time that she would be required to vacate the quarters.  This probably won't be the biggest issue either.  From the story his father is listed as executor on the will which may mean it wasn't updated to add her.  Everything may have been left to someone else.  The other question to be answered will be did he declare common law and  list dependants so they can get any benefits that may be available.

Everyone thinks the admin paperwork isn't important until something like this happens to show how important it is.  If all the paperwork was done things would now be running smoother for the family and the military wouldn't now be getting another black eye in the press.


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## tree hugger (3 Jun 2016)

CountDC said:
			
		

> The other question to be answered will be did he declare common law and  list dependants so they can get any benefits that may be available.



Think the article said they were living together for 9mo.  so they wouldn't be common law until 1-yr or the birth of the child.
Very difficult situation.


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## captloadie (3 Jun 2016)

There was mention of another child in the article, so if he was the father, or taken on the responsibilities of the second parent, they would have already qualified. I wonder if there is a third, as yet to be disclosed, party hence the reason the military is following the letter of the law so closely on this.


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## Sub_Guy (3 Jun 2016)

This is a tragedy, and I am not referring to anyone getting access to their/his stuff.

1.  If you need help seek it out
2.  If you see a brother/sister who needs help, offer it.
3.  Make sure your fucking paperwork is filled out.  (I assume this wasn't filled out, based on media reports)

We are losing too many people unnecessarily.  RIP


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## daftandbarmy (3 Jun 2016)

mariomike said:
			
		

> Deceased CF member’s family says base won’t let them retrieve belongings
> http://atlantic.ctvnews.ca/deceased-cf-member-s-family-says-base-won-t-let-them-retrieve-belongings-1.2925621
> The family of a Canadian Forces member who recently died says they are being prevented from entering his home to retrieve his pregnant fiancée’s belongings.
> 
> ...



Probably more going on behind the scenes here than they can share with the media. No one, not even the Army, does stuff like this without a reason of some kind.


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## AKa (6 Jun 2016)

I believe that reminding our subordinates about NOK administration, wills and basic estate planning is very important.  I've known too many ostensibly healthy people to suddenly die young and on one occasion, the member left behind a non-working wife and three small children with only minimal insurance.

Nobody wants to think about dying but we should all remember that everything can change in a heartbeat.  Plan to live long and ensure that your family will be taken care of if you get hit by a bus tomorrow.


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## Colin Parkinson (6 Jun 2016)

Not to mention credit and the proper sharing of assets, probate takes a long time and is expensive. It can be worse when the partner is mentally incapacitated and you have to go through a board to get access to the assets.


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## CountDC (6 Jun 2016)

Worse case I have heard of was when the will was never updated so everything was left to the ex-wife leaving the current wife with nothing.  Absolutely important to ensure updated and should be checked every year when conducting ORV/ARV/DAG or which ever term you prefer to use for it.  Should be updated when you move too so the will has your spouses correct address on it.


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## mariomike (6 Jun 2016)

CountDC said:
			
		

> Worse case I have heard of was when the will was never updated so everything was left to the ex-wife leaving the current wife with nothing.



Not a family law expert, but I found this interesting,

Marriage makes a will null and void
http://business.financialpost.com/personal-finance/retirement/inheritance/marriage-makes-a-will-null-and-void

_As always,_  a lawyer is your most trusted source of family law information.


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## CombatDoc (6 Jun 2016)

AK said:
			
		

> Nobody wants to think about dying but we should all remember that everything can change in a heartbeat.


I see what you did there - well played!


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## Colin Parkinson (6 Jun 2016)

mariomike said:
			
		

> Not a family law expert, but I found this interesting,
> 
> Marriage makes a will null and void
> http://business.financialpost.com/personal-finance/retirement/inheritance/marriage-makes-a-will-null-and-void
> ...



My wife (as a lawyer) says the government needs to hand out a pamphlet when you apply for a marriage licence laying out the legal issues involved and the steps to take.


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## Scoobie Newbie (6 Jun 2016)

Colin P said:
			
		

> My wife (as a lawyer) says the government needs to hand out a pamphlet when you apply for a marriage licence laying out the legal issues involved and the steps to take.



You think that would help?


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## PuckChaser (7 Jun 2016)

You could fill out the forms for people and they'd be too lazy to sign them or return them. A pamphlet won't help.


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## Colin Parkinson (7 Jun 2016)

Sheep Dog AT said:
			
		

> You think that would help?



It will help some, but never all


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## mariomike (7 Jun 2016)

Colin P said:
			
		

> My wife (as a lawyer) says the government needs to hand out a pamphlet when you apply for a marriage licence laying out the legal issues involved and the steps to take.



Along with this?


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## Colin Parkinson (7 Jun 2016)

pretty much, you don't need to understand just grunt at the appropriate time.


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## CountDC (7 Jun 2016)

mariomike said:
			
		

> Not a family law expert, but I found this interesting,
> 
> Marriage makes a will null and void
> http://business.financialpost.com/personal-finance/retirement/inheritance/marriage-makes-a-will-null-and-void
> ...



Yep - most certainly interesting.  Be interesting to know how that played out for them and how long it took as the member either lived in Ottawa or Gatineau (NCR).


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## cupper (7 Jun 2016)

Sheep Dog AT said:
			
		

> You think that would help?



Might even give you second thoughts.


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## Scoobie Newbie (8 Jun 2016)

:Bday Dancer:


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## FJAG (8 Jun 2016)

CountDC said:
			
		

> Worse case I have heard of was when the will was never updated so everything was left to the ex-wife leaving the current wife with nothing.  Absolutely important to ensure updated and should be checked every year when conducting ORV/ARV/DAG or which ever term you prefer to use for it.  Should be updated when you move too so the will has your spouses correct address on it.



That's not correct. As others have pointed out a new marriage revokes the old will.

Note too that estate law varies from province to province but most provinces also have a provision similar to this one from Ontario:

"Revocation, change in circumstances
17. (1) Subject to subsection (2), a will is not revoked by presumption of an intention to revoke it on the ground of a change in circumstances.
Exception on termination of marriage
(2) Except when a contrary intention appears by the will, where, after the testator makes a will, his or her marriage is terminated by a judgment absolute of divorce or is declared a nullity,
(a) a devise or bequest of a beneficial interest in property to his or her former spouse;
(b) an appointment of his or her former spouse as executor or trustee; and
(c) the conferring of a general or special power of appointment on his or her former spouse,
are revoked and the will shall be construed as if the former spouse had predeceased the testator.  R.S.O. 1990, c. S.26, s. 17."

 :cheers:


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## dapaterson (8 Jun 2016)

More likely is the case where the individual never divorces the ex ("too expensive!"), begins a common law relationship, and then dies and leaves behind a mess.  Or never changes beneficiaries on insurance policies etc after a divorce, through oversight, negligence or sloth, and then leaves the new spouse with nothing.

Lots of ways for things to go wrong...


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## The Bread Guy (8 Jun 2016)

dapaterson said:
			
		

> More likely is the case where the individual never divorces the ex ("too expensive!"), begins a common law relationship, and then dies and leaves behind a mess.


I've seen that variant - not pretty, indeed, when the partner can't get her stuff out of the shared place without permission from the long-ex-wife.


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