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Difference between revisions of "Intestacy (16:VIII)"
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== A. Generally == | == A. Generally == | ||
If a person dies intestate (without a valid will), his or her assets are distributed to intestate successors in accordance with ''WESA''. Where a will exists but does not cover all assets, there will be a partial intestacy and those assets outside the will that do not pass by contract or survivorship will pass according to ''WESA'' distribution. | If a person dies intestate (without a valid will), his or her assets are distributed to intestate successors in accordance with ''WESA''. Where a will exists but does not cover all assets, there will be a partial intestacy and those assets outside the will that do not pass by contract or survivorship will pass according to ''WESA's'' intestacy distribution scheme. | ||
=== 1. Spouses === | === 1. Spouses === | ||
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Under ''WESA'', two persons cease being spouses if: | Under ''WESA'', two persons cease being spouses if: | ||
: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 property, as defined in Part 5 [Property Division] of the ''Family Law Act'', to arise pursuant to section 2(2)(a) of ''WESA''. | :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 property, as defined in Part 5 [Property Division] of the ''Family Law Act'', to arise pursuant to section 2(2)(a) of ''WESA''. or | ||
: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. | :'''NOTE:''' See ''Gosbjorn v. Hadley'', 2008 BCSC 219 and more recently and more recently ''Mother 1 v Solus Trust Company'', 2019 BCSC 200 at paras 149-151 for a discussion of when a marriage-like relationship ceases. | ||
for a list of factors used to determine if a relationship has ended. | |||
== C. Miscellaneous Provisions == | == C. Miscellaneous Provisions == | ||