When people think about prenups, they often think of celebrity marriages or high-conflict divorces. But prenups are about more than just separation. They can also play a key role in protecting your estate, your inheritance, and the financial legacy you want to leave for your loved ones. So, do you need a prenup for inheritance and estate planning? For most people, the answer is yes..
In this post, we’ll explore when a prenup is needed, how it can protect inheritances you receive or the estate you wish to leave, and what role lawyers play in the process. Whether you’re in a marriage, common law relationship, or domestic partnership, understanding the intersection of prenups and estate planning is essential.
When Is a Prenup Needed?
You might be wondering: do I need a prenup at all? That depends on your goals, your financial situation, and your relationship. Prenups are helpful tools for couples who want to make clear, fair, and thoughtful decisions about their finances in advance. And when it comes to inheritance and estate planning, they can make a big difference.
Do You Need a Prenup to Protect Inheritance?
In many provinces, inheritances are considered separate property. But that can change if you mix your inheritance with joint property or use it to buy a shared home. A prenup lets you clearly state that an inheritance will remain yours, no matter what happens in the relationship.
So, do you need a prenup to protect inheritance? If you want to be certain that your inheritance will not be divided or shared, then yes, a prenup is often the most effective way to do so.
Do I Need a Prenup for Estate Planning?
Yes. A prenup can work hand in hand with your estate plan. It allows you to protect specific assets, make arrangements for children from previous relationships, and make sure your wishes are clear.
If you are marrying later in life or bringing significant assets into the relationship, you may want to ensure those assets are protected both during your life and after your death. A prenup can clarify what your partner will receive and what will be passed on to other heirs.
Do I Need a Prenup to Protect My House?
Yes. Homes are often one of the biggest shared assets in a relationship. Even if you owned your home before the relationship started, it can become subject to division if it becomes the family home that you live in together. A prenup helps protect your interest in your property.
If you plan to pass your home on to a child, sibling, or someone other than your partner, a prenup is an important tool to make that possible.
Do You Need a Prenuptial Agreement for a Common Law Partnership?
In many provinces, common law couples have similar legal obligations to married couples when it comes to property, support, and estate claims. But many people in common law relationships don’t realize this until it’s too late!
So, do you need a prenup for common law? Absolutely. Common law spouses may have a claim to property you thought was yours alone. Without a prenup (or a cohabitation agreement, which is used when you don’t plan to get married) your estate could face unexpected claims.
In estate planning, a prenup helps protect your intentions. You can specify what your partner will receive, and what will go to other heirs. Without one, your partner may be able to override your will and claim a larger share of your estate, depending on the law in your province.
Can a Prenup Protect Future Assets and Inheritance?
Does a Prenup Protect Future Assets?
Yes. A prenup can address not just what you own now, but what you might acquire in the future. You can outline how future savings, real estate, or investments will be handled.
This is especially important for entrepreneurs, professionals, and those expecting future windfalls. Protecting future assets now prevents future conflict.
Can a Prenup Protect Future Inheritance?
If you expect to receive an inheritance later in life, a prenup can ensure it remains yours. Even though many provinces exclude inheritance from division, things get complicated if that inheritance is used to support the family or invested in a shared asset.
Can a prenup protect future inheritance? Yes, by stating clearly that any future inheritance you receive will stay with you and not be considered joint property.
Do I Need a Lawyer for a Prenup?
You might be wondering: can I do a prenup without a lawyer? Or can you write your own prenup and have it notarized?
In theory, yes. But in practice, these agreements are complicated. If something in your agreement is vague or unclear, it may not have the desired effect. Using Jointly’s lawyer-built platform helps you create a legally valid agreement that fits your relationship. Getting independent legal advice on your agreement is always recommended, and is legally required in some provinces.
Do I Need a Lawyer for a Prenup to Ensure Legality?
In provinces like Ontario and British Columbia, prenups are much more likely to be enforced if both parties received independent legal advice. Some provinces, like Manitoba and Alberta, legally require it.
So, do I need a lawyer for a prenup? Not always, but using Jointly’s lawyer built platform is a good starting point, and independent legal advice is recommended.
Do You Need a Lawyer to Sign a Prenup?
In most provinces, no. But if you want to avoid problems later, it can help. A lawyer can make sure you understand your rights and obligations, that the agreement is fair, and that all requirements have been met.
Do you need two lawyers for a prenup? Yes, independent legal advice involves each person speaking to their own lawyer to make sure their individual interests are protected.
Special Considerations for Prenups in Estate Planning
Prenups can help you plan not just for the possibility of separation, but also for what happens if one partner dies.
Prenuptial Agreement Death of Spouse Scenarios
If your partner dies, your prenup can help make sure that their estate is distributed according to their wishes. Without a prenup, your rights as a surviving spouse might override their will.
In second marriages or blended families, this can be especially important. A prenup lets you agree on what each partner is entitled to and what will go to children or other family members.
Prenup Future Inheritance and Its Implications
A prenup that covers future inheritance ensures that if you receive a gift or inheritance during the relationship, it stays protected. It also helps avoid conflict among heirs, especially in blended families.
Using a prenup for estate planning gives you more control over how your assets are managed and distributed, both during your life and after your death.
Protecting Assets with Jointly
If you’re thinking about estate planning or protecting an inheritance, now is the time to consider a prenup. At Jointly, we help couples across Canada create clear, thoughtful, and affordable prenups that protect what matters most.
Our platform walks you through each step and helps you understand your rights and responsibilities.
A prenup is not just a document for divorce. It’s a plan for your future.
Visit getjointly.ca to start your prenup today.
I founded Jointly because I want to empower more Canadians with the knowledge and tools to create relationship agreements that work for them, at a price they can afford. My big dream? That reaching more Canadians with Jointly ultimately keeps more families out of the court system when relationships breakdown, which can be slow, expensive and traumatic. (I may or may not have personal experience with this 😅)
When I'm not lawyering, I'm most likely hiking with my dogs, kayaking the coastal waters around North Vancouver, or hitting the sauna and cold plunge.
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