Difference between revisions of "Wills Variation Claims (16:VII)"

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== B. Definition of Spouse in WESA ==

The definition of spouse in s 2 of WESA reads:

The definition of spouse in section 2 of ''WESA'' reads:

(1) Unless subsection (2) applies, 2 persons are spouses of each other for the purposes of this Act if they were both alive immediately before a relevant time and

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(2) Two persons cease being spouses of each other for the purposes of this Act if,

(a) in the case of a marriage, an event occurs that causes an interest in family property, as defined in Part 5 [Property Division] of the Family Law Act, to arise, or

(a) in the case of a marriage, an event occurs that causes an interest in family property, as defined in Part 5 [Property Division] of the ''Family Law Act'', to arise, or

(b) in the case of a marriage-like relationship, one or both persons terminate the relationship.

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:'''NOTE:''' See ''Gosbjorn v Hadley'' 2008 BCSC 219 for a list of factors used by the courts to determine if there is a marriage-like relationship. More recently, see the discussion in ''Connor Estate'', 2016 BCSC 1934.

:'''NOTE:''' In ''~~B.H.~~ v ~~J.H.~~'', 2015 BCSC 1551, the BC Supreme Court varied the husband’s will so that the wife, who was separated from but who has not divorced the husband, was entitled to part of the husband’s estate. This significantly deviated from what the wife would have received if they had divorced immediately before the husband’s death.

:'''NOTE:''' In ''BH v JH'', 2015 BCSC 1551, the BC Supreme Court varied the husband’s will so that the wife, who was separated from but who has not divorced the husband, was entitled to part of the husband’s estate. This significantly deviated from what the wife would have received if they had divorced immediately before the husband’s death.

== C. Exclusion of Potential Beneficiaries ==

@@ Line 41: / Line 41: @@
 == B. Definition of Spouse in WESA ==
-The definition of spouse in s 2 of WESA reads:
+The definition of spouse in section 2 of ''WESA'' reads:
 (1) Unless subsection (2) applies, 2 persons are spouses of each other for the purposes of this Act if they were both alive immediately before a relevant time and
@@ Line 49: / Line 49: @@
 (2) Two persons cease being spouses of each other for the purposes of this Act if,
-(a) in the case of a marriage, an event occurs that causes an interest in family property, as defined in Part 5 [Property Division] of the Family Law Act, to arise, or
+(a) in the case of a marriage, an event occurs that causes an interest in family property, as defined in Part 5 [Property Division] of the ''Family Law Act'', to arise, or
 (b) in the case of a marriage-like relationship, one or both persons terminate the relationship.
@@ Line 61: / Line 61: @@
 :'''NOTE:''' See ''Gosbjorn v Hadley'' 2008 BCSC 219 for a list of factors used by the courts to determine if there is a marriage-like relationship. More recently, see the discussion in ''Connor Estate'', 2016 BCSC 1934.
-:'''NOTE:''' In ''B.H. v J.H.'', 2015 BCSC 1551, the BC Supreme Court varied the husband’s will so that the wife, who was separated from but who has not divorced the husband, was entitled to part of the husband’s estate. This significantly deviated from what the wife would have received if they had divorced immediately before the husband’s death.
+:'''NOTE:''' In ''BH v JH'', 2015 BCSC 1551, the BC Supreme Court varied the husband’s will so that the wife, who was separated from but who has not divorced the husband, was entitled to part of the husband’s estate. This significantly deviated from what the wife would have received if they had divorced immediately before the husband’s death.
 == C. Exclusion of Potential Beneficiaries ==

Difference between revisions of "Wills Variation Claims (16:VII)"

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