A Series of Family Law and Estate Facts
1. Did you know?
The Family Relations Act provides that a child may be liable to support a parent.
Our courts have held that a child has an obligation to support a parent who is dependent because of age, illness, infirmity or economic circumstances. To prove entitlement, the parent does not have to show a pre-existing support relationship or a financial dependency on the child. Liability to pay is affected by the child’s other responsibilities and own needs, but if the parent is estranged from the child, that may affect the priority given to the child’s needs over the parent’s.
2. Did you know?
In BC, unmarried couples do not have an automatic right to share their assets if the relationship ends.
In BC, married couples are presumed to share equally their assets if the marriage breaks down although some assets can be excluded from “the pot” and the court has a discretion to divide the assets unequally taking into account certain factors. However, unmarried couples are not presumed to share their assets, no matter how long they live together.
At the end of an unmarried relationship, if one partner wants to make a claim to the assets of the other, the claimant must show that the partner with the assets has been enriched at the claimant’s expense, and that the enrichment is not justified by some legal relationship such as a valid contract between them. If an unjust enrichment is proven, the court can order the party with the assets to pay money to the claimant, or to hold a share of the assets in trust for the claimant.
3. Did you know?
For estate purposes, when you die you may have more than one spouse.
The Wills Variation Act requires that a Will make adequate provision for a surviving spouse. The Act defines “spouse” to include both a legal spouse and an unmarried partner who has lived with the deceased for at least two years before the date of death. Therefore, an unmarried partner may have a claim to vary the Will and a spouse who is separated from the deceased but is still legally married to the deceased at the time of his death may also have a claim. Claims under the Wills Variation Act cannot be extinguished by contract.
So, even if there is a valid Separation Agreement with a legal spouse, it is prudent to obtain a divorce, and particularly if you have entered into another long term relationship.
Contact Michael Eeles for more information.
This Article is only intended to highlight legal information of a general nature which readers may find interesting. It is not intended to provide a comprehensive review nor is it intended to provide legal advice of any kind. Readers should not act on information in this article without seeking specific advice on the particular matter. GBC Law would be pleased to provide additional details or to discuss how this information is relevant to a specific situation.
Located in: Family Law
