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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 16:18, 7 March 2013
, 16:18, 7 March 2013→Wills and Estates
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<blockquote><tt>then, unless a contrary intention appears in the will, the gift, appointment or power is revoked and the will takes effect as if the spouse had predeceased the testator.</tt></blockquote> | <blockquote><tt>then, unless a contrary intention appears in the will, the gift, appointment or power is revoked and the will takes effect as if the spouse had predeceased the testator.</tt></blockquote> | ||
The Estate Administration Act deals with the distribution of the estate of someone who dies intestate, that is, without a will. This is a critical piece of legislation because a certain amount of the dead person's estate is automatically | A ''testator'' is a person who makes a will. | ||
The ''Estate Administration Act'' deals with the distribution of the estate of someone who dies intestate, that is, without a will. This is a critical piece of legislation because a certain amount of the dead person's estate is automatically allotted to his or her spouse, regardless of whether they are together or have been separated for 2 years or 20 years. Section 85 says that: | |||
<blockquote><tt>(2) This section applies if an intestate dies leaving a spouse and issue.</tt></blockquote> | <blockquote><tt>(2) This section applies if an intestate dies leaving a spouse and issue.</tt></blockquote> | ||
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<blockquote><tt>(6) If a child has died leaving issue and the issue is alive at the date of the intestate's death, the spouse takes the same share of the estate as if the child had been living at the date.</tt></blockquote> | <blockquote><tt>(6) If a child has died leaving issue and the issue is alive at the date of the intestate's death, the spouse takes the same share of the estate as if the child had been living at the date.</tt></blockquote> | ||
The provincial Wills Variation Act allows close relatives, including | The provincial ''Wills Variation Act'' allows close relatives, including unmarried spouses, who have been left out of someone's will to apply to court for an order giving them some of the dead person's estate. | ||
===Names and Change of Name=== | |||
The provincial ''Name Act'' is the law that deals with changes of name, both for a married spouse following divorce and for anyone who hankers to be called something different. (The process is fairly simple for a spouse following divorce.) The ''Vital Statistics Act'' talks about the registration of new births and about the naming of infants, and should be read if you;re thinking of calling your child something odd like Moon Unit or Blue Ivy. | |||
The provincial Name Act is the | |||
{{JP Boyd on Family Law Navbox|type=started}} | {{JP Boyd on Family Law Navbox|type=started}} | ||
