Anonymous

Difference between revisions of "Wills and Estates Issues in Family Law"

From Clicklaw Wikibooks
m
no edit summary
(Change review date)
m
 
Line 4: Line 4:
''Wills and estates'' refers to the area of law that deals with the drafting and interpretation of wills, how a deceased person's estate is distributed when there is a valid will, how a deceased person's estate is distributed when there isn't a valid will, and how certain relatives can challenge a deceased person's will. In family law, issues concerning a person's will most often arise when a couple have separated or are getting a divorce.
''Wills and estates'' refers to the area of law that deals with the drafting and interpretation of wills, how a deceased person's estate is distributed when there is a valid will, how a deceased person's estate is distributed when there isn't a valid will, and how certain relatives can challenge a deceased person's will. In family law, issues concerning a person's will most often arise when a couple have separated or are getting a divorce.


Making, changing, revoking, and enforcing wills are governed by the provincial ''[http://canlii.ca/t/8mhj Wills Estates and Succession Act]'' (''WESA''). Section 37 sets out the basic requirements for a valid will:
Making, changing, revoking, and enforcing wills are governed by the provincial ''[http://canlii.ca/t/8mhj Wills, Estates and Succession Act]'' (''WESA''). Section 37 sets out the basic requirements for a valid will:


<blockquote><tt>'''37''' (1) To be valid, a will must be</tt></blockquote>
<blockquote><tt>'''37''' (1) To be valid, a will must be</tt></blockquote>