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Difference between revisions of "Marriage (3:III)"
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=== 2. Estate Considerations === | === 2. Estate Considerations === | ||
==== a) Wills, Estates and Succession Act (which came into force March 31, 2014) ==== | ==== a) Wills, Estates and Succession Act (which came into force March 31, 2014) [WESA] ==== | ||
''WESA'' is available online at CanLII: http://canlii.ca/t/8mhj | |||
Two persons of either gender are considered spouses under this act if they are either married to each other, or if they have lived in a marriage-like relationship for at least 2 years (s 2(1)(b)). They cease to be considered spouses if one or both partners terminates the relationship (s 2(2)(b)). | Two persons of either gender are considered spouses under this act if they are either married to each other, or if they have lived in a marriage-like relationship for at least 2 years (s 2(1)(b)). They cease to be considered spouses if one or both partners terminates the relationship (s 2(2)(b)). | ||
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If two or more persons are entitled to a spousal share of an intestate estate (estate for which the deceased has not left a will), they may agree on how to portion the share. If they cannot agree, a court will determine how to portion the spousal share between them. | If two or more persons are entitled to a spousal share of an intestate estate (estate for which the deceased has not left a will), they may agree on how to portion the share. If they cannot agree, a court will determine how to portion the spousal share between them. | ||
If two or more persons are eligible to apply to be given priority as a spouse in the division of an intestate estate, they may agree on who is to apply. If they cannot agree, the Court can make a decision. | If two or more persons are eligible to apply to be given priority as a spouse in the division of an intestate estate, they may agree on who is to apply. If they cannot agree, the Court can make a decision. | ||
==== b) Canada Pension Plan Act, RSC 1985, c C-8 ==== | ==== b) Canada Pension Plan Act, RSC 1985, c C-8 ==== | ||