Enforcing orders for support against an Estate are often fraught with deep emotional history and trauma between the lawyer’s client and the deceased. Further, the living spouse may believe that they have a claim against the Estate above and beyond enforcing support obligations. The lawyer representing the living spouse should prepare a retainer agreement and provide a coherent written memorandum to the client to specify the specific claims they have been retained to prosecute against the Estate, and the theory underpinning those claims. To the extent that the client later decides to bring additional claims against the Estate, the lawyer will need to consider revising the retainer agreement accordingly.

Topics include:

• The differing regimes under the Divorce Act and the Family Law Act;
• FRO and death of the payor;
• Understanding the binding nature of a support order on the Estate under the Family Law Act;
• Enforcement of final and temporary orders, and separation agreements.