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Difference between revisions of "The Legislation on Family Law"
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The Legislation on Family Law (view source)
Revision as of 16:15, 7 March 2013
, 16:15, 7 March 2013→Wills and Estates
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Marriage, divorce and living in an unmarried relationship for at least two years can affect how property is distributed through a will and how property is distributed when someone dies without a will, called dying intestate. Two pieces of provincial legislation are important here, the ''Wills Act'' and the ''Estate Administration Act''. The ''Wills Act'' says that: | Marriage, divorce and living in an unmarried relationship for at least two years can affect how property is distributed through a will and how property is distributed when someone dies without a will, called dying intestate. Two pieces of provincial legislation are important here, the ''Wills Act'' and the ''Estate Administration Act''. The ''Wills Act'' says that: | ||
<blockquote><tt>15 A will is revoked by the marriage of the testator, unless | <blockquote><tt>15 A will is revoked by the marriage of the testator, unless</tt></blockquote> | ||
<blockquote><tt>(a) there is a declaration in the will that it is made in contemplation of the marriage, or | <blockquote><blockquote><tt>(a) there is a declaration in the will that it is made in contemplation of the marriage, or</tt></blockquote></blockquote> | ||
<blockquote><tt>(b) the will is made in exercise of a power of appointment of property which would not in default of the appointment pass to the heir, executor or administrator of the testator or to the persons entitled to the estate of the testator if the person died intestate. | <blockquote><blockquote><tt>(b) the will is made in exercise of a power of appointment of property which would not in default of the appointment pass to the heir, executor or administrator of the testator or to the persons entitled to the estate of the testator if the person died intestate.</tt></blockquote></blockquote> | ||
<blockquote><tt>16 (1) In this section, "spouse" includes a person considered by a testator to be the testator's spouse.</tt></blockquote> | <blockquote><tt>16 (1) In this section, "spouse" includes a person considered by a testator to be the testator's spouse.</tt></blockquote> | ||
