Overview
The recent amendments to the Succession Law Reform Act eliminates the intestate rights of married spouses after separation, or through a domestic agreement, or where a court decision or arbitral award so provides. The most problematic aspect is the finding that the parties were separated which implicates certain special needs, cultural differences, and socioeconomic considerations which may impact the specific living arrangements of spouses. This seminar will provide examples of those different circumstances to help lawyers ask their clients the necessary questions to support or oppose a claim that the spouses were cohabitating prior to death.
Topics include:
- The changes to the Succession Law Reform Act to oust the intestate rights of separated spouses
- The jurisprudence on “spousal” status under both the Family Law Act and the Succession Law Reform Act
- Older adults and capacity to separate.
- Older adults, assisted living, and involuntary separation.
Discussion Materials
Session Recording
In the Media
This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on April 30, 2024.