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Difference between revisions of "Further Topics and Overlapping Legal Issues in Family Law"

From Clicklaw Wikibooks
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A person can make a will making anyone a beneficiary of his or her estate. The nature of the person's relationship with a beneficiary only becomes important if a beneficiary, or a person who thinks he or she ought to be beneficiary, wants to make a claim against the person's estate.
A person can make a will making anyone a beneficiary of his or her estate. The nature of the person's relationship with a beneficiary only becomes important if a beneficiary, or a person who thinks he or she ought to be beneficiary, wants to make a claim against the person's estate.


The ''Estate Administration Act'', the law that applies when someone dies without a will, requires that a certain amount of a dead person's estate go to people who qualify as a ''spouse''. Spouse is defined as including "a common law spouse"; common law spouse is defined as:  
The ''[http://canlii.ca/t/840g Estate Administration Act]'', the law that applies when someone dies without a will, requires that a certain amount of a dead person's estate go to people who qualify as a ''spouse''. Spouse is defined as including "a common law spouse"; common law spouse is defined as:  


<blockquote><tt>(a) a person who is united to another person by a marriage that, although not a legal marriage, is valid by common law, or</tt></blockquote>
<blockquote><tt>(a) a person who is united to another person by a marriage that, although not a legal marriage, is valid by common law, or</tt></blockquote>
<blockquote><tt>(b) is living with another person in a marriage-like relationship, and has lived in that relationship for a period of at least 2 years;</tt></blockquote>
<blockquote><tt>(b) is living with another person in a marriage-like relationship, and has lived in that relationship for a period of at least 2 years;</tt></blockquote>


The ''Wills Variation Act'' defines ''spouse'' as a person who:
The ''[http://canlii.ca/t/84g0 Wills Variation Act]'' defines ''spouse'' as a person who:


<blockquote><tt>(a) is married to another person, or</tt></blockquote>
<blockquote><tt>(a) is married to another person, or</tt></blockquote>