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Difference between revisions of "Intestacy (16:VIII)"
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→B. Separated Spouse
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
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*a) In the case of a marriage, they live separate and apart for at least two years, with '''one or both of them''' having formed the intention during that time to live separate and apart '''permanently''', or an event occurs that causes an interest in family assets, as defined in Part 5 [Matrimonial Property] of the ''Family Relations Act'', to arise WESA s 2(2)(a). | *a) In the case of a marriage, they live separate and apart for at least two years, with '''one or both of them''' having formed the intention during that time to live separate and apart '''permanently''', or an event occurs that causes an interest in family assets, as defined in Part 5 [Matrimonial Property] of the ''Family Relations Act'', to arise WESA s 2(2)(a). | ||
*b) In the case of a marriage-like relationship, one or both persons terminate the relationship. | *b) In the case of a marriage-like relationship, one or both persons terminate the relationship. | ||
'''NOTE:''' See ''Gosbjorn v. Hadley'' 2008 BCSC 219 for a list of factors used to determine if a relationship has ended. | |||
== C. Miscellaneous Provisions == | |||
*Children conceived before the intestate's death but born after the intestate's death and living for at least 5 days, inherit as if they had been born in the lifetime of the intestate and had survived the intestate., (WESA, s 8). | |||
*Adopted children are the children of the adopting parent (''Adoption Act'', s 37). | |||
*Adopted children are not entitled to the estate of their natural parent except through the will of the natural parent (WESA, s 3). | |||