Further Topics and Overlapping Legal Issues in Family Law: Difference between revisions
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Further Topics and Overlapping Legal Issues in Family Law (view source)
Revision as of 18:47, 8 July 2014
, 8 July 2014→Wills and estates issues
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''Wills and estates'' refers to the area of law that deals with the drafting and interpretation of wills, how a dead person's estate is distributed when there is a valid will, how a dead person's estate is distributed when there isn't a valid will, and how certain relatives can challenge a dead person's will. In family law, issues concerning a person's will usually only come up 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 dead person's estate is distributed when there is a valid will, how a dead person's estate is distributed when there isn't a valid will, and how certain relatives can challenge a dead person's will. In family law, issues concerning a person's will usually only come up 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/ | 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>'''3''' A will is valid only if it is in writing.</tt></blockquote> | <blockquote><tt>'''3''' A will is valid only if it is in writing.</tt></blockquote> | ||
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A person who dies without leaving a will is said to die ''intestate''. If a person dies intestate, their assets are dealt with according to the terms of the provincial ''[http://canlii.ca/t/840g Estate Administration Act]''. This law requires a person's estate to be distributed in a certain way, with the surviving spouse receiving a first, fixed share of the estate, and the remainder being split with any surviving children. | A person who dies without leaving a will is said to die ''intestate''. If a person dies intestate, their assets are dealt with according to the terms of the provincial ''[http://canlii.ca/t/840g Estate Administration Act]''. This law requires a person's estate to be distributed in a certain way, with the surviving spouse receiving a first, fixed share of the estate, and the remainder being split with any surviving children. | ||
==Parental support== | ==Parental support== |